Book I: Of Persons
Putative Marriage
putativus: reputed, supposed; from Latin putare, to reckon
La. Civ. Code art. 96
Civilian Commentary
A marriage can be null from the very first day and still leave real consequences behind it. Louisiana, ever practical, lets a spouse who honestly believed the marriage was valid keep its civil effects (legitimacy, property, support) for as long as the belief was held in good faith. The law declines to punish sincerity for the failures of form.
The Case
Succession of Burns, 2022-C-00263 (La. 12/9/22), 354 So. 3d 1197. The decedent’s purported divorce from his first wife had been invalid, leaving him at his death with one legal spouse and one good-faith putative spouse. The Louisiana Supreme Court held that the putative spouse, having married in good faith, owned an undivided one-half interest in the putative community; the decedent’s children inherited his half subject to her usufruct. The doctrine survives most cleanly where good faith (not legal validity) does its work.