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ibstarkraven
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What is the name of your state? california
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ibstarkraven said:What is the name of your state? california
A void marriage is one that doesn't legally exist--e.g. because of a prior undissolved marriage. A voidable marriage is one that legally exists but can be avoided on some basis--e.g. fraud.ibstarkraven said:What is the name of your state? california
Boxcarbill said:
"A voidable marriage is one that legally exists but can be avoided on some basis--e.g. fraud."
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My response:
No. A marriage based upon "fraud" is void in California. It's not merely "voidable." Fraud makes the marriage void "ab initio."
However, if the two stay "married" despite the fraud, or other "void" grounds (such as incest), then the issue of "putative spouse" comes into play - - especially upon the issue of "property." But, that's a whole other 18 pages of explanation.
IAAL
I AM ALWAYS LIABLE said:Boxcarbill said:
"A voidable marriage is one that legally exists but can be avoided on some basis--e.g. fraud."
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My response:
No. A marriage based upon "fraud" is void in California. It's not merely "voidable." Fraud makes the marriage void "ab initio."
However, if the two stay "married" despite the fraud, or other "void" grounds (such as incest), then the issue of "putative spouse" comes into play - - especially upon the issue of "property." But, that's a whole other 18 pages of explanation.
IAAL
Interesting. In Texas the only two void marriages are a prior existing marriage and a marriage to one of the listed ancestor/descendent by the whole blood, half blood or adoption.
The voidable marriages are fraud, duress, and force, impotency, and half dozen more grounds but the marriage becomes valid if the parties lives with the person after discovery of the grounds. Etc..
But interesting how the basis of a "void" and "voidable" marriage vary among the states, although the meaning of the words are the same.
Boxcarbill said:Interesting. In Texas the only two void marriages are a prior existing marriage and a marriage to one of the listed ancestor/descendent by the whole blood, half blood or adoption.
The voidable marriages are fraud, duress, and force, impotency, and half dozen more grounds but the marriage becomes valid if the parties lives with the person after discovery of the grounds. Etc..
But interesting how the basis of a "void" and "voidable" marriage vary among the states, although the meaning of the words are the same.