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Welch v. State8/30/2000
n the existence of a valid marriage. "Without some diligent attempt to meet the requisites of a valid marriage [citation], a claim of good faith belief in a valid marriage would lack any reasonable basis." (Ibid.)
Here, appellant and Leonard Welch conducted themselves as husband and wife for many years. They shared the benefits of their incomes and the burdens of their debts, filed joint tax returns as husband and wife, and held property as husband and wife. Nevertheless, a reasonable person in appellant's position would not have believed that she was lawfully married.
Appellant and Leonard Welch made no attempt whatsoever to comply with the procedural requirements for a lawful California marriage. Appellant, having been legally married and divorced twice, must have been aware of these requirements. Further, appellant's claim that their common law vows established a valid marriage is unreasonable as a matter of law because California abolished common law marriage in 1895. (Centinela Hospital Medical Center v. Superior Court, supra, 215 Cal.App.3d at p. 975.)
Applying an objective standard, it must be concluded that appellant was not a putative spouse. There is no reasonable basis for appellant's belief that a valid marriage existed. Appellant's subjective belief that she was married, even if honestly held, does not constitute good faith. Therefore, the trial court properly found that appellant did not have standing to prosecute the wrongful death action.
DISPOSITION
The judgment is affirmed. Costs on appeal are awarded to respondents.
WE CONCUR:
Ardaiz, P.J.
Buckley, J.
It appearing that the nonpublished opinion filed in the above entitled matter on the 30th day of August, 2000, meets the standards for publication specified in California Rules of Court, rule 976(b), it is ordered that the opinion be certified for publication in the official reports.
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