2. Being Married Flashcards
1
Q
What property rights do spouses have?
A
Right of survivorship (presumed joint tenancy)
- No unilateral sales
- No unilateral encumbrances
Equitable distribution of marital property after marriage
2
Q
What type of support must spouses give to each other and third parties?
A
Equal obligations
Liability to TPs for other spouse’s authorised purchases (agency law)
Liability to TPs for necessaries (food, clothing)
3
Q
Do spouses have constitutional privacy?
A
Due Process Clause
- Marriage
- Procreation
- Contraceptions
- Abortion
- Homosexuals cohabitation
- Children care/custody
Unless regulation meets strict scrutiny standard
1) Necessary
2) Meets compelling government interest
4
Q
When may spouses assert spousal privilege?
A
Spousal immunity
- Criminal cases (Not crimes vs spouses)
- Witness spouse
Confidential communications
- Regarding marriage
- Made during marriage
- Criminal + civil cases
- Defendant/Witness spouse
5
Q
When may spouses sue TPs for tortious interference with marriages?
A
TP alienation (deprives marriage) - Abolished in most states
TP sexual relations
- TP lives separately from spouse
- Abolished in most states
Negligent spouses causes loss of consortium
- Allowed in most states
