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In re Marriage of Tejeda

179 Cal. App. 4th 973, 102 Cal. Rptr. 3d 361 (2009)

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In re Marriage of Tejeda

California Court of Appeal
179 Cal. App. 4th 973, 102 Cal. Rptr. 3d 361 (2009)

  • Written by Liz Nakamura, JD

Facts

Pablo Tejeda (plaintiff) married Petra Tejeda (defendant) in 1973 knowing that he was still married to his first wife, Margarita Tejeda. Petra was unaware that Pablo was married at the time of their wedding. Pablo and Petra were married for over 30 years, during which Petra acquired several pieces of real property titled in her sole name. In 2006, Pablo filed for divorce from Petra. Petra countered and requested a judgment that (1) the 1973 marriage was a nullity because it was bigamous and (2) the real property Petra acquired during the invalid marriage was her separate property. Petra explicitly did not seek putative-spouse status, but admitted at a hearing that she held a good-faith belief in the validity of her marriage until 2006, when she learned about Margarita. The trial court entered a judgment of nullity invalidating Pablo and Petra’s marriage and declared Petra a putative spouse. Because Petra was a putative spouse, the trial court classified the marriage as a putative marriage and ruled that all property acquired during the putative marriage, referred to as quasi-marital property, must be divided as if it were community property, including Petra’s real property. Petra appealed.

Rule of Law

Issue

Holding and Reasoning (McAdams, J.)

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