What can be done regarding property in a bigamous marriage?> 1 Answers as of June 14, 20116/1994:California Putative Marriage. No license was taken out.4/1999: Husband receives large cash settlements.7/1999:Husband buys house, then grants to wife.4/2007:Husband and wife separate. Wife moves out-of-state to NV purchasing a home as an unmarried woman. 10/2010: Husband files for real divorce which is still pending. Husband desired to let the court decide fairly about the house which he had been trying to get back from wife since 12/09, and the child support lien. 2/2011:Wife sells the LA house out from under elderly disabled husband whom made the $40,000 down payment all mortgage payments taxes insurance & upkeep. Wife tells proposed new owner parties are not married, tells divorce attorney at the time that the marriage is a sham. Proposed new owner proceeds with purchase having been warned damages may occur to husband.4/2011:Wife provides as her answer to the court about the sale of the property, the 4/1999 divorce decree of a pre-existing marriage, and falsely states she was purchaser of the property. She also includes a copy of the Grant Deed in which Husband transfers property to Married Woman as her sole/separate property. Wife previously married for the first 6 years of this marriage. Husband had no knowledge of this surprising revelation until last month. That marriage ends at the same time period large case settlements from soc. sec. and husbands' pension retro to 1995 start coming in, which wife had been beneficiary of since 1994, and still is to this day. Husband had granted house to wife due to financial problems (child support lien from this child only) serious health issues and so the child of this marriage could get the house later in life. Husband currently is being sued for unlawful detainer as the supposed new owners and the alleged bigamous wife are stating husband is a squatter and is in illegal possession of their property. There is a summary judgment hearing Wednesday June 15 for Unlawful Detainer.
Law Office of L. Paul Zahn | Paul Zahn
If there is no marriage license, then there is no marriage. If both of you knew that there was no license (and I don't know how either party would be under the mistaken belief that there was a marriage license), then there is no putative marriage and the family code does not apply to any of the property the two of you acquired. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California