Garvin

*190 Opinion

Is a surviving putative spouse entitled to succeed to a share of his or her decedent’s separate property under the Probate Code?

I.

On April 22, 1972, William Garvin and Fay Reah Leslie were married in Tijuana, Mexico. The marriage was invalid because it was never recorded as required by Mexican law. 1 However, Garvin believed that he and Leslie were validly married. The couple lived together as husband and wife for almost nine years, until Leslie’s death in 1981. Throughout this period, they resided in a house in Mira Loma. The house had been purchased by Leslie, Mike Bosnich, her former husband, and respondent Alton B. Smith, a son from a prior marriage who lived next door. This case concerns the administration and distribution of Leslie’s estate.

During Leslie’s and Garvin’s marriage, restaurant property, which had been acquired by Leslie prior to the marriage, was remodeled. As a result, it increased in value. There is conflicting testimony concerning the source of funds and labor used for this remodeling. Garvin testified that the improvements were paid for with “community funds” and that he and Leslie did most of the remodeling. Smith testified that (1) the…