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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 380	AMENDED
	BILL TEXT

	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, as amended, 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  prohibit the court from making these
declarations or orders unless the party or parties that believed in
good faith that the marriage was valid request the court to do so.
  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.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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   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  which   that 
would have been community property or quasi-community property if the
union had not been void or  voidable.  
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. 
   (c) A court shall not make the orders or declarations authorized
in subdivision (a) unless the party or parties that believed in good
faith that the marriage was valid request the court to do so.