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California Family Law Prac & Proc 2nd ed.
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-11 California Family Law Prac & Proc 2d ed. 11.syn


Putative Marriage


Kathryn Kirkland, Diana Richmond, Stephen James Wagner, and Ira Lurvey.

Chapter Summary


Chapter 11 discusses the nature and legal effects of putative marriage. A putative marriage is a void or voidable marriage that one or both parties believe in good faith to be valid.

The chapter describes the judicial and statutory tests for determining when a marriage is void or voidable, and what constitutes a good faith belief that a marriage is valid. It explains that no legal action is available for fraudulent inducement to marry. The chapter also discusses the termination of putative marriages.

Chapter 11 provides an overview of the property and support rights of a putative spouse, and the rules for division of quasi-marital property. The chapter also explains the law governing conflicts between legal and putative spouses when both assert rights in the property accumulated during a putative marriage. It also addresses inheritance rights that arise out of putative marriages.

California Family Law Practice and Procedure guides practitioners through California's procedural and substantive law with respect to a wide range of family law matters including marital dissolution, adoption, paternity, and unmarried cohabitation. It provides a "one-stop" resource for all issues that arise in the family law context, providing answers for both the litigation and transactional aspects of this complex practice area. It guides the practitioner through clear, in-depth treatment of issues, practice tips, form instructions, illustrative forms, and citation to current authority.


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Chapter 1 discusses the rights of parties who are cohabiting without a good-faith belief that they are married.

Chapter 10 sets forth the legal requirements for a valid marriage under California law.

Chapter 12 discusses the procedures for nullifying a marriage.

Chapters 20 and 21 address the characterization and division of community and quasi-community property.


California Community Property with Tax Analysis (Matthew Bender) explains various matters affecting the property ownership of both married and unmarried couples.

For guidance through every state of a family law proceeding from initial client contact through modification and enforcement, see Family Law & Practice (Matthew Bender).

California Family Law Litigation Guide (Matthew Bender) provides practical insight and information necessary to help attorneys handle family court proceedings.

See California Forms of Pleading and Practice (Matthew Bender)for detailed analysis of the law, plus timesaving forms, checklists and research guides. It covers all aspects of procedure in civil actions and proceedings.

See Complex Issues in California Family Law (Matthew Bender) for authoritative analysis of difficult issues in family law, complete with sample forms, letters, agreements, and proposals for change.
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