Bill Text: CA AB380 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Marriage: putative spouses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-08-13 - Chaptered by Secretary of State - Chapter 196, Statutes of 2015. [AB380 Detail]

Download: California-2015-AB380-Chaptered.html

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BILL NUMBER: AB 380	CHAPTERED
	BILL TEXT

	CHAPTER  196
	FILED WITH SECRETARY OF STATE  AUGUST 13, 2015
	APPROVED BY GOVERNOR  AUGUST 13, 2015
	PASSED THE SENATE  JULY 6, 2015
	PASSED THE ASSEMBLY  JULY 9, 2015
	AMENDED IN SENATE  MAY 14, 2015

INTRODUCED BY   Assembly Member Waldron

                        FEBRUARY 18, 2015

   An act to amend Section 2251 of the Family Code, relating to
marriage.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 380, Waldron. Marriage: putative spouses.
   Existing law specifies the circumstances under which a marriage is
void or voidable. Existing law requires a court, if a determination
is made that a marriage is void or voidable and either party believed
in good faith that the marriage was valid, to declare the party or
parties to have the status of a putative spouse and to divide the
quasi-marital property that would have been community property or
quasi-community property if the marriage was valid as if it were
community property.
   This bill would instead require the court, only upon request of a
party who is declared a putative spouse, to divide the quasi-marital
property that would have been community property or quasi-community
property if the marriage was valid as if it were community property.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2251 of the Family Code is amended to read:
   2251.  (a) If a determination is made that a marriage is void or
voidable and the court finds that either party or both parties
believed in good faith that the marriage was valid, the court shall:
   (1) Declare the party or parties, who believed in good faith that
the marriage was valid, to have the status of a putative spouse.
   (2) If the division of property is in issue, divide, in accordance
with Division 7 (commencing with Section 2500), that property
acquired during the union that would have been community property or
quasi-community property if the union had not been void or voidable,
only upon request of a party who is declared a putative spouse under
paragraph (1). This property is known as "quasi-marital property."
   (b) If the court expressly reserves jurisdiction, it may make the
property division at a time after the judgment.