Marriage and Unmarried Couples

Question 1

What are the general requirements of a valid marriage in CA?

Answer 1

Under CA law, a valid marriage is a ‘personal relation arising out of a civil contract between a man and a woman which requires the consent of the two parties who have legal capacity to enter into the K of marriage.

However, consent alone does not constitute marriage. To validate the marriage, the consent must be followed by formal legal procedure, including the issuance of license, solemnization, and authentication.

Question 2

Are there common-law marriage in CA?

Answer 2

No; CA abolished common-law marriage. Thus a valid marriage cannot be created in CA solely by the parties’ consent or mere cohabitatiotn

Question 3

What is the exception in CA to the no CL marriage rule?

Answer 3

Although CA does not recognize CL marriages, the state does recognize CL marriages validly contracted in other states under the full faith and credit clause of the constitution.

Exam note: keep in mind that a person may contract a marriage in any jdx; therefore, a CA resident may be able to prove that he entered into a CL marriage while temporarily residing in another jdx.

Question 4

What are void versus voidable marriages?

Answer 4

A void marriage is invalid and null from its inception. In other words, courts treat a void marriage is if it never legally existed.

A voidable marriage, on the other hand, is valid for all civil purposes between the parties and against the world until judged a nullity.

Question 5

Can a voidable marriage ever become valid?

Answer 5

Yes, with the passage of time, a voidable marriage may become valid (i.e. non-voidable)if a proceeding to annul the voidable marriage is not commenced within the statutorily-prescribed time limits. In CA that is four years after reaching the age of consent or four years after the date of the marriage. Once the applicable statutory period expires, a judicial termination of marital status and adjudication of the bundle of rights and responsibilities incident thereto and must proceed by an ordinary dissolution.

Question 6

What are the bases of nullity when a marriage is void?

Answer 6

Incest
Bigamy
Not lawfully contracted

Question 7

When is a marriage void b/c of incest?

Answer 7

A marriage between parents and children, ancestors and descendants of every degree and brothers and sisters (whole or half), uncles and nieces, aunts and nephews is incestuous and void from the beginning, whether the relationship is ‘legitimate or illegitimate’.

Question 8

when is a marriage void b/c of bigamy?

Answer 8

A subsequent marriage is illegal and void from the beginning if either party has a spouse still living, unless the former marriage was dissolved or adjudicated a nullity before the date of the subsequent marriage.

Question 9

What is the bigamy exception?

Answer 9

A subsequent marriage in which a party has a spouse still living is only voidable when, at the time of the subsequent marriage or domestic partnership, the former spouse:

1. has been absent and not known to be living for five successive years immediately preceding the marriage; or
2. is generally reputed or believed to be dead

Question 10

When is a marriage not legally contracted?

Answer 10

A marriage ostensibly contracted in accordance with CA law is invalid from its inception and thus void if the parties failed to comply with the requirements for a valid marriage or for a valid domestic partnership.

Question 11

What are the bases for nullity when a marriage is voidable?

Answer 11

AT TIME OF MARRIAGE:

• underage
• prior existing marriage
• unsound mind
• force
• physical incapacity
• fraud

Question 12

When is a marriage voidable and may be judged a nullity for one of the parties being underage?

Answer 12

One of the parties is under the age of lawful consent (18 in CA) and did not obtain the requisite parental or court consent unless, after attaining age 18, the parties live together as husband and wife.

Question 13

When is a marriage voidable and may be judged a nullity for their being a prior existing marriage?

Answer 13

Either party was legally married to another at the time of the marriage, but the subsequent marriage is not void because the former spouse has been absent and not known to be living for five successive years immediately preceding the subsequent marriage, or is reputed to be dead (aka the bigamy exception)

Question 14

When is a marriage voidable and may be judged a nullity for one of the parties being of unsound mind?

Answer 14

Either party was of ‘unsound mind’, unless, ‘after coming to reason the parties thereafter lived freely together as husband and wife.

Question 15

When is a marriage voidable and may be judged a nullity for one of the parties being physically incapable?

Answer 15

Either party was physically incapable of entering into the marital state, and such incapacity continues and appears to be ‘incurable’

Question 16

When is a marriage voidable and may be judged a nullity for fraud?

Answer 16

Either party’s consent to the marriage was obtained by ‘fraud’, unless the defrauded party thereafter, and with full knowledge of the facts, freely lived with the other party as husband and wife?

Question 17

What counts as fraud when creating a voidable marriage that may be found nullible?

Answer 17

The type of fraud sufficient to support a judgment of nullity must go to the very essence of the marital relationship. Thus, fraud or deceit sufficient to avoid an ordinary contract with not necessarily warrant a judgment of nullity. The alleged misrepresentation or concealment must have been ‘vital to the relationship,’ directly affecting the purpose of the deceived party in consenting to the marriage.

EX: fraud was found when the party entered into the marriage to obtain US residency and never intended to assume marital relations. However, character issues or likes like addiction or pretending to be wealthy or of good moral character are not sufficient.

Question 18

What are the rights of unmarried cohabitants?

Answer 18

Under Marvin, the legislative definition of marriage does not preclude the courts from granting a core set of marriage-like benefits to unmarried couples. These core rights are:

• Distribution of property during a non-marital relationship is governed by judicial decision applying general contract principles, not CP rules.
• Express contracts between non-marital partners will be enforced unless based upon meretricious sexual services (prostitution)
• If there is no express contract, the courts will examine the conduct to see whether they had an implied K or understanding.
• Quantum meruit and other equitable remedies may be available, and
• Persons not living together full time may still be considered cohabitants

Question 19

Can actions against third parties or the government to obtain benefits like social security be claimed by cohabitants?

Answer 19

no

Question 20

What happens to property acquired by co-habitants who later marry?

Answer 20

Contract principals will apply to property acquired during cohabitation if the cohabitants later marry; and if they divorce CP property law will only apply to property that was acquired during the marriage.

Question 21

What is the putative spouse doctrine generally?

Answer 21

A putative spouse occurs when one or both spouses relies on a GOOD FAITH belief based on OBJECTIVELY REASONABLE GROUNDS that he is validly married.

The spouse to a void or voidable marriage who had a good-faith belie in the validity of the marriage is entitled to the status of a putative spouse. Thus, the purpose of this doctrine is to protect innocent parties of invalid marriages from losing their community property rights.

Question 22

Does the putative spouse doctrine apply to domestic partnerships?

Answer 22

Yes, the equitable putative spouse doctrine does apply to domestic partnerships.

Question 23

What are the rights of a putative spouse?

Answer 23

The putative spouse may rely on community property principles to divide property, but property rights as a putative spouse stop accruing when the putative spouse discovers that the marriage is invalid.

Question 24

What are the rights of mutual putative spouses?

Answer 24

If both partners know that the marriage is invalid, then one partner can apply the doctrine of estoppel against the other partner if both partners are still engaged in the benefits of cohabitation. Even when only one spouse knows of the invalidity of the marriage, some courts treat the knowing spouse similar to the unknowing spouse, despite a lack of good faith.

This is still an undecided issue, but this means that a non-good-faith spouse may obtain ownership interest in the quasi-marital property of the good-faith spouse.

Question 25

What is Quasi-marital property?

Answer 25

All property that would have been considered community or quasi-community property had the marriage been valid is labeled quasi-marital property in a putative marriage. Quasi-marital property is treated as community or quasi-community property. Therefore, at annulment, the putative spouse has a one-half interest in all quasi-marital property.

Question 26

How is separate property treated in a putative marriage?

Answer 26

A putative spouse has the same rights as a surviving spouse to the decedent’s separate property. However, benefits derived from private contracts, such as pensions and insurance proceeds, may be limited to lawfully-married spouses.

Question 27

What happens when a decedent has both a legal spouse and a putative spouse?

Answer 27

In the case that a decedent has a putative spouse and a legal spouse, the estate is split equally.

EX: If husband leaves wife #1 and then ‘marries’ wife #2, if she is innocent then she still gets half the estate.

Question 28

What are the 4 time periods relevant for domestic partnerships?

Answer 28

1. Prior to Jan 1, 2000
2. Between Jan 1, 2000 and July 1, 2003
3. Between July 1, 203 and January 1, 2005, and
4. after Jan 1 2005

Question 29

How are domestic partnerships treated in CA before Jan 1, 2000?

Answer 29

No domestic partnerships; no registration or right to inherit; Marvin agreements and specific wills are necessary and only rights recognized.

Question 30

How are domestic partnerships treated between Jan 1, 2000 and July 1, 2003?

Answer 30

Same-sex couples are allowed to register with the state as domestic partners. The definition is ‘two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.”

Opposite sex couples also allowed to register if one or both are over 62 and eligible for social security benefits.

BUT: no community property rights/rights to inherit. Assets still governed by title.

Question 31

How are domestic partnerships treated between July 1, 2003 and Jan 1, 2005?

Answer 31

If the partner dies intestate with separate property, DPs are now on equal footing as spouses when one partner dies intestate; otherwise they own individually unless partner’s took title jointly.

Question 32

How are Domestic Partners treated after Jan 1, 2005?

AND APPLIED RETRO

Answer 32

DPs are now subject to community property laws.

Question 33

What were the 2012 amendments to the 2003 domestic partner law?

Answer 33

1. No longer required to share a common residence
2. under 18 allowed with permission of court and at least one parent or guardian
3. can file a confidential registration, can’t be views by the public without a court order.

Question 34

When did same-sex marriage become legal?

Answer 34

June 16th, 2008

fuzzy between June and NOvember 2018