Annulment or Nullity of Marriage – The Rights of the Parties after Judgment of Nullity – California Family Code Sections 760 & 2251

When a marriage is terminated through a nullity proceeding, the rights of the parties are different from the rights reserved for spouses following a divorce.
As a community property jurisdiction, California requires that all community property (property obtained by either spouse during the marriage) must be equally divided between the spouses when a valid marriage is dissolved. This means, for example, that all the community property assets of the marriage, including any real property, automobiles, and other investments, would be divided equally following dissolution of marriage.

However, this property right only applies to marriages ending in death or divorce. If a marriage is nullified, the parties have no right to equal distribution of the marital property at all. Other rights that may also be lost in an annulment are spousal support, succession or estate rights when a spouse dies, and legal rights regarding minor children from the relationship.

Exception

If a party to an invalid marriage honestly believed in the validity of the marriage – and had no reason to believe that any deficiencies existed – they may qualify as a “putative spouse” (Family Code Section 2251).

A putative spouse is entitled to the same property rights, support, and attorney fees as a spouse in a divorce proceeding (Family Code Sections 2251, 2254, 2255). However, the party’s “good faith” belief in the validity of the marriage must be based on their belief that the marriage complies with the statutory requirements.

When a party is deemed a putative spouse, they will be entitled to “quasi-marital property,” which is treated exactly like community property. This means that a putative spouse, much like a spouse in a divorce proceeding, will be entitled to half of the marital property upon the termination of the marriage through divorce, annulment, or legal separation. A putative spouse, however, may not have rights in the other spouse’s estate upon death; this is more of a probate law matter.

Whether a marriage is terminated through divorce or an annulment can greatly impact the division of martial assets.  It is very important that you seek the legal advice and expertise of a family law attorney who can help you determine whether an annulment is possible course of action for you. At Wallin & Klarich, our attorneys have been in practice for over 30 years and will put that experience to work in representing your interests in your annulment matter. Call us today at 888-749-7428 or visit us online at www.wkfamilylaw.com. We will be there for you when you call.