Coefield

The putative wife of William J. Coefield, deceased, moved, pursuant to section 4515 of the Civil Code, for an order directing the entry of a final decree of divorce of the marriage of Marjorie and William Coefield, nunc pro tunc as of June 4, 1961. The motion was denied; she has appealed; we reverse.

The facts of the case are undisputed. Marjorie and William were married on June 20, 1935. They lived together, as husband and wife, until an interlocutory decree of divorce was entered on June 3, 1960. Ten days earlier, on May 27, 1960, Eva and William were married, and they lived together, as husband and wife, until William’s death on February 24, 1974. No final decree of divorce has yet been entered in the action between Marjorie and William.

It is conceded by Marjorie that, acting under section 4515 and its predecessor statute, the courts have entered nunc pro tunc decrees for the benefit of a second spouse, where to do so would serve to validate her marriage to the husband in the divorce action. She urges, however, that the facts of this case show that Eva has no legitimate interest to be served by the nunc pro tunc entry. We disagree.

I

We agree with Marjorie that,…