Ramirez

I concur with the portion of the decision relating to the nullity of the 1999 marriage. However, regarding the nullity of the 2001 marriage, I dissent. I would reverse the judgment annulling the marriage and direct the entry of a judgment of dissolution of marriage.

The majority holds that infidelity alone, disdainful as it may be, may serve as a basis for annulment on the ground of fraud, relying upon the case of Schaub v. Schaub (1945) 71 Cal.App.2d 467 [ 162 P.2d 966 ]. That case involved a plot by a woman and her longtime lover to cheat an unsuspecting older gentleman out of a half-interest in his real property, while the wife maintained illicit extramarital relations with her lover.

In the 63 years since the Schaub case was decided, it has never been cited, until today, for the proposition that the infidelity of a spouse, without more, constitutes a fraud which justifies an annulment. Today’s decision could have unintended repercussions in family law practice, leading to unnecessary litigation over title to property acquired by spouses during marriage which may not be considered community property if the marriage is deemed a nullity.

*760 I would reverse the judgment of…

Jorge L. Ramirez (Jorge) 1 appeals from a judgment annulling his second marriage to Lilia Llamas (Lilia), following a bifurcated trial in which the court found the marriage void due to fraud. The trial court found the first marriage between Jorge and Lilia was a void attempt at a Mexican marriage performed in California. It found the second marriage void because of fraud, relating to the fact Jorge married Lilia even though prior to the second marriage he had begun a love affair with Lilia’s sister that he intended to continue. Jorge appeals the judgment of nullity, and the finding that Lilia was a putative spouse. We affirm.

*754 BACKGROUND

Jorge, an immigrant from the State of Michoacán, Mexico, lived, in the United States and sought legal residence here. His mother was a permanent resident and sponsored Jorge in his application for that status. He began his application process in 1994 or 1995 but because his mother was not a citizen herself, the process took many years.

In 1999, Jorge and Lilia were married in a religious ceremony in Moreno Valley, California. The ceremony was performed by a priest or other official from the State of Jalisco, Mexico, and an “Acta de…