2. Legal Aspects of the Ongoing Marital Relationship Flashcards
What does Georgia law provide regarding separate property after marriage?
The separate property of each spouse remains that spouse’s separate property after marriage.
What is the first analysis of spousal property rights?
Analysis of spousal property rights begins with title. The spouse with title to property is the legal owner and generally transfer the property as he wishes.
What is the default for transfers of real property to a spouse in Georgia?
The default is a tenancy in common, unless a joint tenancy is expressly declared.
Are property transfers between spouses valid in Georgia?
Yes, property transfers between spouses are valid as if the parties were unmarried.
What is presumed when one spouse transfers money or property to the other without consideration?
There is a rebuttable presumption that it is a gift.
What happens if one spouse pays consideration for property to a third person who conveys it to the other spouse?
It is presumed to be a gift.
Is a trust considered a transfer between spouses?
No, a resulting trust does not arise unless there is clear proof that a gift was not intended.
What happens if either spouse unlawfully obtains property?
The owner of the property may maintain an action for repossession.
What doctrine has Georgia affirmed regarding interspousal tort immunity?
Georgia has affirmed the common law doctrine of interspousal tort immunity.
What common law torts have been abolished in Georgia?
- Alienation of affections
- Criminal conversation
Does Georgia allow lawsuits for loss of consortium?
Yes, a spouse may recover for medical expenses, loss of earning capacity, and loss of consortium.
What doctrine does Georgia recognize regarding vicarious liability between spouses?
The ‘family purpose’ doctrine.
What is the duty of each spouse regarding family support?
Each spouse has a duty to support the family to the extent of their ability.
What are the specific liabilities of both spouses regarding expenses?
- Medical expenses
- Housing expenses
- Food and clothing
- Other necessary articles
What are the penalties for non-support when the wife is pregnant?
The wife is deemed to be in a dependent condition if her partner does not furnish sufficient support.
What can spouses do in cases of voluntary separation regarding support?
They may make an adequate provision for support through a contract or written agreement.
What does the doctrine of ‘necessaries’ entail?
One spouse may be liable to third persons for necessaries furnished to the needy spouse and minor children.
What happens once there is a separate support decree?
A spouse’s legal obligation is set by the decree, and they are no longer liable to third persons for necessaries.
What is Georgia’s stance on marital rape?
Georgia does not recognize a marital rape exemption.
What does ‘family violence’ include in Georgia?
- Violence between past or present spouses
- Persons who are parents of the same child
- Parents and children
- Stepparents and stepchildren
- Foster parents and foster children
- Other persons living or formerly living in the same household
What is the definition of ‘battered-spouse syndrome’ in Georgia law?
Expert testimony is admissible to explain the behavior of a domestic violence victim.
What can a legal separation decree determine?
It can make determinations with respect to alimony and child custody and support.
What happens if spouses voluntarily cohabit after a legal separation?
It will reactivate the marriage.
