Family
Sep. 14, 2011
Putative spouse status: A purely subjective standard ... for now
Applying a purely subjective good faith standard to putative spouse claims will create confusion in the law. By Crystal N. Riggins of Hoge Fenton Jones & Appel
It is without a doubt a tragic story when a spouse meets an untimely end. If the death results from some catastrophe, a surviving spouse may consider bringing a wrongful death action. But what if, during the course of the action, the surviving spouse discovers that he or she is not actually the surviving spouse because the marriage was invalid?
California law confers "putative spouse" standing to pursue a wrongful death a...
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