In Re Marriage of Tejeda

This case requires us to construe Family Code section 2251. Subject to the requirements of that provision, a marriage that is invalid due to a legal infirmity may be recognized as a putative marriage. Property acquired during a putative marriage (quasi-marital property) is divided as if it were community property.

In this case, the parties’ marriage was invalid because respondent already had a wife when he married appellant. The trial court declared appellant a putative spouse. She appeals the judgment of nullity, challenging the determination that property acquired in her name during the union is quasi-marital property.

Applying the unambiguous language of section 2251, we conclude that the parties’ union is a putative marriage and that the property acquired during that union is quasi-marital property subject to division as community property. We therefore affirm the judgment.

FACTUAL BACKGROUND

In 1973, appellant Petra Tejeda (Petra) and respondent Pablo Tejeda (Pablo) were married in Las Vegas. At the time of the marriage ceremony, and unbeknownst to Petra, Pablo was married to Margarita Rivera Tejeda (Margarita). In 1975, Pablo petitioned to dissolve his marriage…