“”Quasi-marital” property issues arise in nullity actions where a party asserts the marriage is void or voidable. They may also arise in a dissolution action where one party disputes the existence of the marriage. [See for example, In re Marriage of Monti, 135 Cal. App. 3d 50, 185 Cal. Rptr. 72 (2d Dist. 1982)] Community property only exists within the context of a valid marriage. [Wilkinson v. Wilkinson, 12 Cal. App. 3d 1164, 91 Cal. Rptr. 372 (2d Dist. 1970)]. Nevertheless, under the device of “quasi-marital” property, community property principles can be applied to property acquired by parties to an invalid marriage. The concept of “putative spouse” is central to characterization of property as “quasi-marital.” If either or both parties to a void or voidable marriage believed in good faith that the marriage was valid, the court must declare the party or parties to have the status of a putative spouse, and divide any property acquired during the union as if the property were community or quasi-community property. [Fam. Code, § 2251] Equal division is mandatory. [Fam. Code, § 2550] A determination of putative spouse status requires in inquiry into the validity of the marriage and the good faith of the spouse.”
[California Civil Practice Family Law Litigation [certain citations omitted]]
