Relationship Statute (Community Property)

Question 1

Marriage Between Man and Woman

Answer 1

CA: A marriage is valid in CA if there is a consensual civil contract between a man and women followed by a license from the county, solemnization and authentication
Other jurisdictions: CA recognizes marriages between a man and woman from other jurisdictions if the marriage would be valid by the laws of that jurisdiction.

Question 2

Same Sex Couples

Answer 2

Prior to 11/5/2008: CA recognizes same-sex marriages from other jurisdictions as a marriage
After 11/5/2008: Same sex couples married in another jurisdiction are not designated as married but are afforded the same rights and protections as married couples.

Question 3

Putative Spouses

Answer 3

If 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 will treat the party or parties as a putative spouse.

Question 4

Estoppel

Answer 4

One may be estopped to assert the validity or invalidity of a marriage if the party making the assertion knew that the marriage was not valid or knew that it was invalid but acted though it was valid.
Jurisdictional split: some treat both spouses as putative spouses and some only treat the innocent spouse as a putative spouse

Question 5

Unmarried Cohabitants

Answer 5

Courts follow general contract principles and use resulting or constructive trusts and quasi-contract principles to allocate property for unmarried cohabitants

Question 6

When does economic community end?

Answer 6

1. Permanent physical separation AND

2. Intent not to resume the marital relationship.

Question 7

Treatment of community property no divided on divorce:

Answer 7

the court retains continuing jurisdiction to award CP that was not previously adjudicated, and on motion the omitted unadjudicated CP will be divided 50-50 unless the court finds that “the interests of justice require an unequal division”