California Court of Appeal

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Konou v. Wilson, A133952

In plaintiff's petition claiming an omitted spouse's interest in a deceased's estate, probate court's ruling that plaintiff was an omitted spouse but that the domestic partnership agreement remained valid after their marriage (which occurred during the brief period that same-sex marriages were legal in California), is affirmed where: 1) domestic partnership agreements that are enforceable under the Uniform Premarital Agreement, and made after statutes were enacted providing domestic partners with essentially the same California State property rights as spouses, are not automatically invalidated by a marriage license; and 2) because plaintiff expressly waived his rights to any interest in the deceased's estate in the domestic partnership agreement and the validity of the agreement under the Uniform Premarital Agreement Act is not an issue, he cannot claim any interest as a pretermitted spouse in the estate.

Appellate Information

  • Decided 12/13/2012
  • Published 12/13/2012

Judges

  • Lambden

Court

  • California Court of Appeal

Counsel