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Barbri's lecture said no - only the good faith putative spouse gets a share as the quasi-marital property. But just read an essay where the bad faith spouse would be entitled to half the quasi marital property.

Confused. Does it even matter, or does the analysis matter more?

Law-So-Hard wrote:Barbri's lecture said no - only the good faith putative spouse gets a share as the quasi-marital property. But just read an essay where the bad faith spouse would be entitled to half the quasi marital property.

Confused. Does it even matter, or does the analysis matter more?

The Themis materials say this is "still an undecided issue" and I have seen some sample answers that say the same. What is the date of the essay you are looking at? I have just been arguing both sides.

Based on barbri lecture…

1. Putative Spouse (SPLIT authority)

Test: Objectively reas and good faith belief that she was lawfully married.
Assets will be called quasi-marital prop which is treated exactly the same as true CP.

Can the non-good faith party be entitled to ½ of the assets of good faith spouse?
Arg 1: If a putative marriage is established, pro acquired by either party is subject to equal division.
Arg 2: Statute appears to give remedy only to the innocent party; the guilty party should be estopped.

lmr wrote:Based on barbri lecture…

1. Putative Spouse (SPLIT authority)

Test: Objectively reas and good faith belief that she was lawfully married.
Assets will be called quasi-marital prop which is treated exactly the same as true CP.

Can the non-good faith party be entitled to ½ of the assets of good faith spouse?
Arg 1: If a putative marriage is established, pro acquired by either party is subject to equal division.
Arg 2: Statute appears to give remedy only to the innocent party; the guilty party should be estopped.

I like the estoppel analysis- thank you. (Also, I missed that from the lecture!)