Legal Definitions - Putative

The term Putative describes something that is generally accepted, believed, or assumed to be true or valid, even if it lacks formal proof, legal recognition, or might later be found to be otherwise. It refers to a status, relationship, or fact that exists in common understanding or good-faith belief, but whose legal standing may be uncertain or subject to challenge.

• Example 1: Putative Spouse

  Imagine a couple, Maria and David, who get married in a formal ceremony, both genuinely believing they are legally free to marry. They live together for several years as husband and wife. Later, it is discovered that David's previous divorce was never fully finalized due to an administrative error, meaning his marriage to Maria is technically void.

  In this scenario, Maria would be considered David's putative spouse. This means she entered the marriage in good faith, believing it to be valid. Even though the marriage might be legally void, the law in some jurisdictions may still grant Maria certain rights (such as property division or spousal support) that she would have had in a valid marriage, precisely because of her sincere, good-faith belief in the marriage's legality.

• Example 2: Putative Father

  Consider a man, Robert, who has been raising a child since birth, believing he is the biological father. He has provided financial support, emotional care, and the child considers him their father. Years later, a DNA test reveals that Robert is not the child's biological father.

  Robert would be considered the putative father. He has acted in the role of a father, and the child has accepted him as such, based on a good-faith belief in his paternity. Even after the biological truth is revealed, Robert's actions and the established relationship might still carry legal weight regarding responsibilities or rights, depending on the jurisdiction, because of his long-standing, good-faith *putative* status as the father.