California Court of Appeals applies putative spouse doctrine to domestic partnerships
Lambda Legal has issued this press release:
The California Court of Appeal has ruled unanimously that a gay Orange County man who mistakenly thought his ex-partner had registered their domestic partnership is entitled to the same protections covering heterosexual spouses who discover that, for whatever reason, their marriage is not valid.
Darrin Ellis sought the same recourse available to heterosexuals who honestly believe they were validly married, but later discover they were not. This protection allows good faith “putative spouses” access to family court for a fair division of the couple’s property, rather than being treated as legal strangers . . .
The Leonard Link Blog has this post discussing the ruling.
The opinion: Domestic Partnership of Ellis and Arriaga, No. G038437 (Cal. App. May 7, 2008).
One Comment
More load on the family courts, taking time away from real cases, especially those involving children