The implications of the putative marriage on the property interests of the spouse in good faith

The civil status of the person can influence the legal regime of the assets that he owns. While the conclusion of the marriage, as a rule, determines the establishment of the legal regime of the community of property, its dissolution determines its termination, with effects for the future from the moment the court decision becomes final. The declaration of nullity of marriage, however, has a retroactive effect, from the moment the marriage was concluded, a fact that requires the protection of the spouse(s) in good faith. The will of the legislature in several states to protect the spouse in good faith from the serious consequences of the nullity of the marriage has materialized in the de facto regulation of the putative marriage.