- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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If you believed in good faith that your marriage was legally valid, you would likely be treated as a “putative spouse.”
The Putative Spouse
A putative spouse is someone who has cohabited with another to whom they are not legally married in the good faith belief that they were married to that person.
A putative spouse is generally treated as legal until the spouse learns the marriage was invalid.
The putative spouse doctrine is strictly followed under these circumstances. This is because the principle was developed to protect couples’ financial and property rights who, in good faith, entered into an invalid marriage believing it was valid.
Putative Spouse In Community Property States
Suppose your state recognizes the putative spouse doctrine, and you qualify under its terms. In that case, you will be afforded the protections of your state’s community property laws and rights, which may include full spousal support and equal division of all community property.
The division of community property does not have the other spouse’s separate property, which is legally defined as personal or real property that was acquired before the marriage date.
Divorce Lawyer
If you have questions or require additional information about your legal rights and obligations, consult a verified Divorce Lawyer as soon as possible.
