## Facts

- Charles J. Hafner married Joan Hafner in New York in 1954; they had three daughters and never divorced or annulled the marriage.
- Charles left Joan in 1957, provided no support, and did not disclose his whereabouts.
- In California, Charles met Helen L. Hafner and represented that he had divorced Joan.
- Charles and Helen participated in a 1963 marriage ceremony in Nevada and lived together in California as husband and wife; their daughter Kimberly was born in 1964.
- Helen was found to have a good-faith belief in the validity of her marriage to Charles and thus qualified as a putative spouse under former Civil Code § 4452.
- Charles suffered severe injuries in 1973 and later received about $600,000 in a personal-injury settlement; at his 1982 death he left an intestate estate largely consisting of remaining settlement proceeds (about $416,472.40).
- In probate, competing claims were asserted by (1) Joan and the three daughters as lawful spouse and children, and (2) Helen as putative spouse (with Kimberly’s interests affected by characterization and distribution).
- The probate court awarded the entire estate to Helen as putative spouse; Joan, her daughters, and Kimberly appealed.

## Issues

1. How should an intestate estate be distributed when the decedent leaves both an innocent lawful spouse/children and an innocent putative spouse/child, and the same property is separate property as to the lawful family but quasi-marital property as to the putative spouse?
2. How do former Probate Code §§ 201 and 221 interact with former Civil Code § 4452 in allocating such an estate?

## Decision

- The Court of Appeal reversed the order awarding the entire estate to Helen.
- The court held the estate must be divided into two equal halves for distribution purposes.
- One-half is treated as the decedent’s separate property and distributed to the lawful wife and children under former Probate Code § 221.
- One-half is treated as quasi-marital property of the putative marriage and distributed to Helen under former Civil Code § 4452 and former Probate Code § 201.
- The matter was remanded for distribution consistent with this allocation.

## Legal Principles

- A good-faith participant in a void or voidable marriage is a putative spouse, and property acquired during that relationship is quasi-marital property (former Civ. Code § 4452).
- In intestacy, quasi-marital property is distributed using the community-property distribution rules applicable to a surviving spouse (former Prob. Code § 201).
- Separate property in intestacy is distributed under the statutory scheme governing a surviving lawful spouse and issue (former Prob. Code § 221).
- When an intestate decedent leaves both an innocent lawful spouse and an innocent putative spouse, the same assets may be treated as separate property for the lawful family and as quasi-marital property for the putative spouse; distribution may require splitting the estate to give effect to both statutory protections.

## Conclusion

The court required an equal division of the intestate estate so that lawful heirs receive one-half as separate property under the intestacy statute, while the innocent putative spouse receives one-half as quasi-marital property under the putative-spouse and community-property distribution framework.


Estate of Hafner, 184 Cal. App. 3d 1371, 229 Cal. Rptr. 676 (Cal. Ct. App. 1986)