Smith v. Garvin

*190Opinion

BIRD, C. J.

Is a surviving putative spouse entitled to succeed to a share of his or her decedent’s separate property under the Probate Code?

I

On April 22, 1972, William Garvin and Fay Reah Leslie were married in Tijuana, Mexico. The marriage was invalid because it was never recorded as required by Mexican law.1 However, Garvin believed that he and Leslie were validly married. The couple lived together as husband and wife for almost nine years, until Leslie’s death in 1981. Throughout this period, they resided in a house in Mira Loma. The house had been purchased by Leslie, Mike Bosnich,…