In Re Marriage of Monti

Appellant Shirley Monti (Shirley) appeals from an order vacating with prejudice her order to show cause and petition for dissolution. The trial court found that Shirley was not a putative spouse within the meaning of Civil Code section 4452, because the Montis did not enter, or purport to enter, into another marriage after their marriage was terminated on May 26, 1959, in the Ohio court.

Shirley timely appeals contending the trial court erroneously found she was not a putative spouse. We agree with her contention and remand this case to the trial court for further proceedings in accordance with this opinion and the Family Law Act.

Procedural and Factual Background

Shirley and respondent Clifford Monti (Clifford) were married in Ohio on June 26, 1957. A final divorce decree dissolving their marriage was entered May 26, 1959, in the Ohio Court of Common Pleas.

Although the exact date is not clear, Shirley and Clifford reconciled and moved to California sometime after March 28, 1959. They lived together in San Francisco and then moved to Los Angeles. Working out of their home, Shirley and Clifford owned and operated the Four C’s Vending Company. Shirley handled the…