“A state appeals court reinstated a woman’s lawsuit,” a New York Family Lawyer reports. The wrongful death suit was over a man she had considered to be her husband for four years, but who was not divorced from his previous wife before their wedding day.
The Sixth District Court of Appeals in ruled that someone who “believed in good faith” that he or she was legally married is, indeed, entitled to marital rights – including the right to sue in the case of wrongful death. This ruling goes against more than 20 years of opposing rulings in the cases of “putative spouses.”
A putative spouse is one who mistakenly believes they are married. California courts have recognized the rights of such spouses for a century or more. Legislation affirmed those same rights in 1969.