Legal Definitions - Putative Spouse Doctrine

The putative spouse doctrine is a legal concept that aims to protect the financial and property interests of a person who enters into a marriage in good faith, believing it to be valid. This person is referred to as the "putative spouse."

For example, if John marries Jane, but it turns out that Jane was already married to someone else, John is considered a putative spouse. He entered into the marriage in good faith, believing that Jane was free to marry him.

In jurisdictions that recognize the putative spouse doctrine, the putative spouse is entitled to marital property rights along with the legal spouse. This means that both spouses will share the property rights.

For instance, if John and Jane bought a house together during their marriage, both John and Jane's legal spouse would have a claim to the property.

The putative spouse doctrine is designed to protect individuals who unknowingly enter into a bigamous marriage. It ensures that they are not left without any legal rights or financial protection.