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Community Property âą Quasi-Marital Property
CPROP#010
Legal Definition
A putative spouse is one with an objectively reasonable and good faith belief that he or she is lawfully married, even though he or she is not. All property acquired during a putative marriage is labeled quasi-marital property, and when the couple splits, they divide the assets equally (as community property).
Plain English Explanation
A putative spouse is someone who honestly and reasonably believes they are legally married, even if they arenât. Any property they acquire during this relationship is called quasi-marital property, and if they separate, it gets split equally, just like community property. Imagine Bob and Amy think theyâre married, and they live together for years, building a life just like any other married couple. They buy a house, share a bank account, and make big decisions together. But then, one day, they find out their marriage isnât legally validâmaybe there was a mistake in the paperwork, or maybe they never actually got married at all!
Now, this doesnât mean all those years and everything they built together just disappears. The law steps in with something called a âputative spouseâ rule. If Amy honestly believed she was married to Bobâand had good reasons to think soâthe law treats her almost like a real spouse. This means that everything they acquired during their time together, like the house and money, is treated as quasi-marital property.
Quasi-marital property is split up just like community property would be in a regular divorce. So, even though they werenât legally married, the law says, âHey, you thought you were, and you acted like you were, so weâll treat you fairly.â This rule helps make sure that people who believe theyâre married, but arenât, donât get left out in the cold if things go wrong.
Now, this doesnât mean all those years and everything they built together just disappears. The law steps in with something called a âputative spouseâ rule. If Amy honestly believed she was married to Bobâand had good reasons to think soâthe law treats her almost like a real spouse. This means that everything they acquired during their time together, like the house and money, is treated as quasi-marital property.
Quasi-marital property is split up just like community property would be in a regular divorce. So, even though they werenât legally married, the law says, âHey, you thought you were, and you acted like you were, so weâll treat you fairly.â This rule helps make sure that people who believe theyâre married, but arenât, donât get left out in the cold if things go wrong.
Hypothetical
Hypo 1: Bob and Amy have been living together for ten years, believing they are legally married. They bought a house together and built up their savings. One day, they find out that due to a mistake in the paperwork, their marriage was never legally recognized. They decide to separate. Result: Because Amy had a good faith belief that she was married to Bob, she is considered a putative spouse. The property they acquired during their relationship is treated as quasi-marital property and will be divided equally, just like community property would be in a legal marriage.
Hypo 2: Bob and Amy held a marriage ceremony, but it turns out the officiant wasnât legally authorized to perform weddings. They were never actually married in the eyes of the law, but neither Bob nor Amy knew this until years later. During that time, they accumulated significant assets together. Result: Amy, having an objectively reasonable belief that she was married, is considered a putative spouse. The assets they acquired during their time together are considered quasi-marital property and will be divided equally upon their separation.
Hypo 3: Bob tricked Amy into thinking they were married by forging a marriage certificate. Amy, believing they were legally married, stayed with Bob for years, during which they acquired a lot of property together. When Amy finds out about the forgery, she decides to leave Bob. Result: Even though the marriage was a fraud, Amy is still considered a putative spouse because she had a good faith belief that she was legally married to Bob. The property they acquired together is treated as quasi-marital property and will be divided equally.
Hypo 4: Bob and Amy got married in another country, believing it was a valid marriage. Years later, they find out that the marriage wasnât recognized under local law. However, they lived together as a married couple and acquired property together during that time. Result: Since Amy had a reasonable belief that she was married, she is a putative spouse. The property they acquired during their relationship is treated as quasi-marital property and will be split equally when they separate.
Hypo 5: Bob and Amy started living together without ever getting married, but they never held themselves out as husband and wife and knew they werenât legally married. After several years, they decide to split up. Result: Since Amy knew she wasnât married and never believed otherwise, she is not a putative spouse. The property they acquired during their relationship is not considered quasi-marital property, and the rules of community property division do not apply.
Hypo 2: Bob and Amy held a marriage ceremony, but it turns out the officiant wasnât legally authorized to perform weddings. They were never actually married in the eyes of the law, but neither Bob nor Amy knew this until years later. During that time, they accumulated significant assets together. Result: Amy, having an objectively reasonable belief that she was married, is considered a putative spouse. The assets they acquired during their time together are considered quasi-marital property and will be divided equally upon their separation.
Hypo 3: Bob tricked Amy into thinking they were married by forging a marriage certificate. Amy, believing they were legally married, stayed with Bob for years, during which they acquired a lot of property together. When Amy finds out about the forgery, she decides to leave Bob. Result: Even though the marriage was a fraud, Amy is still considered a putative spouse because she had a good faith belief that she was legally married to Bob. The property they acquired together is treated as quasi-marital property and will be divided equally.
Hypo 4: Bob and Amy got married in another country, believing it was a valid marriage. Years later, they find out that the marriage wasnât recognized under local law. However, they lived together as a married couple and acquired property together during that time. Result: Since Amy had a reasonable belief that she was married, she is a putative spouse. The property they acquired during their relationship is treated as quasi-marital property and will be split equally when they separate.
Hypo 5: Bob and Amy started living together without ever getting married, but they never held themselves out as husband and wife and knew they werenât legally married. After several years, they decide to split up. Result: Since Amy knew she wasnât married and never believed otherwise, she is not a putative spouse. The property they acquired during their relationship is not considered quasi-marital property, and the rules of community property division do not apply.
