Cal. Codes » Family Code / DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION / PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE / CHAPTER 3. Procedural Provisions
California Codes

Cal. Family Code § 2251 (2026)

✓ current as of May 2026
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(a)If a determination is made that 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 shall:

(1)Declare the party or parties, who believed in good faith that the marriage was valid, to have the status of a putative spouse.

(2)If the division of property is in issue, divide, in accordance with Division 7 (commencing with Section 2500), that property acquired during the union that would have been community property or quasi-community property if the union had not been void or voidable, only upon request of a party who is declared a putative spouse under paragraph (1). This property is known as “quasi-marital property.”

(b)If the court expressly reserves jurisdiction, it may make the property division at a time after the judgment.

Notes of Decisions
Cited in 19 cases (8 in the last 5 years), 1996–2025 · leading case: Williams v. Williams, 97 P.3d 1124 (Nev. 2004).
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Williams v. Williams, 97 P.3d 1124 (Nev. 2004). “1 (1985); see Cal. Fam. Code § 2251 (West 1994); Colo. Rev.”
In Re Marriage of Ramirez, 165 Cal. App. 4th 751 (Cal. Ct. App. 2008). “2d 143 ]; see also Fam. Code, § 2251, subd. (a)(1).) A putative spouse is entitled to the division of property acquired during the union as community property or quasi-community property.”
Kelderhaus v. Kelderhaus, 467 S.E.2d 303 (Va. Ct. App. 1996). “See Cal. Fam.Code §§ 2251, 2254 (West 1995). Assuming, without deciding, that these provisions are relevant to the instant proceeding, relief as a putative spouse requires that he or she “believed in good faith that the marriage was valid.”
Burks v. Apfel, 67 F. Supp. 2d 1203 (D. Colo. 1999). “He clearly erred, however, in finding she did not fall into the second category. Under California law, if an individual has a “good faith” belief at the time *1205 of his or her marriage that the marriage is valid, the individual retains the status of a “putative spouse.”
Ramirez v. Llamas, 165 Cal. App. 4th 751 (Cal. Ct. App. 2008). “2d 143 ]; see also Fam. Code, § 2251, subd. (a)(1).) A putative spouse is entitled to the division of property acquired during the union as community property or quasi-community property.”
Mark Belliveau v. Janet Whelan, 2019 ME 122 (Me. 2019). “5); Cal. Fam. Code § 2251 (Deering, LEXIS through Ch.”
Nijjar v. Nijjar CA5 (Cal. Ct. App. 2021). · cites it 2× “” (Fam. Code, § 2251, subd. (a)(1).) Thus, to bring herself within the statute, Parminder would be required to prove (1) a marriage that was void or voidable and (2) her good faith belief that the marriage was valid.”
Marriage of V.S. & V.K. (Cal. Ct. App. 2023). · cites it 2× “” (Fam. Code, § 2251, subd. (a).) “The good faith inquiry is a subjective one that focuses on the actual state of mind of the alleged putative spouse.”
Bonita Amidon v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “Further, Cal. Fam. Code § 2251 (a) states, in pertinent part, “If a determination is made that 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 7 court shall: (1) Declare the party or…”
Est. of Issa CA4/1 (Cal. Ct. App. 2014). · cites it 3× “) Family Code section 2251 is one of several statutes codifying California's judicially developed putative spouse doctrine.”
Martinez v. Ilem (Ariz. Ct. App. 2015). · cites it 2× “2d 712, 714 (1953) (recognizing the right of an innocent party who believes there was a good faith marriage may be entitled to recover proportionate share of the property accumulated during the relationship); see also, Cal. Fam. Code § 2251 (1994) (continuing, without…”
South v. Barnard Enter. CA2/8 (Cal. Ct. App. 2016). “” (Fam. Code, § 2251, subd. (a).) The good faith inquiry is subjective and evaluates the state of mind of the alleged putative spouse, but the trier of fact may properly consider the reasonableness of the claimed belief as “as part of the totality of the circumstances in…”
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