2. Prerequisites

Question 1

marriage: rule

Answer 1

full application of CP requires legal marriage or RDP

BUT most principles also applicable if putative spouse or by estoppel

Question 2

valid marriage: def

Answer 2

1) capacity
2) formalities (license + solemnization by authorized official)
3) ok same sex

Question 3

void marriage: def

Answer 3

incestuous or bigamous

Question 4

voidable marriage: def

Answer 4

1) 1 part incapable of consent bc minority or unsound mind, OR
2) consent obtained by fraud or force

BUT if “v” party freely cohabitated w the other as spouses, then not voidable

Question 5

common law marriage: result

Answer 5

doesn’t exist in CA

–but if followed rules in another state, considered validly married in CA

Question 6

putative spouse: def

Answer 6

marriage is void or voidable BUT either party believed in good faith that marriage was valid

Question 7

putative marriage: result

Answer 7

quasi-marital property

Question 8

quasi-marital property: def

Answer 8

any property that would have been community or quasi-com paroperty if marriage had not been void or voidable

court divides (often same way)

Question 9

marriage by estoppel; def

Answer 9

1 party induces the other into marriage, knowing the marriage is invalid, by making promises he later doesn’t keep

Question 10

marriage by estoppel: def

Answer 10

com property can attach to the otherwise invalid marraige

Question 11

cohabitation: result

Answer 11

unmarried cohabitants have NO com property rights absent an enforceable agreement (presumption fo separate property)

Question 12

Marvin Actions: def

Answer 12

• -parties can contract w each other to create support obligation or ownership rship
• -court has power to divide according to couple’s reasonable expectations during cohab
• -fact that sexual rship is involved does not in itself invalidate agreement

Question 13

RDP def

Answer 13

only available to:

1) same sex partners, or
2) eligible elderly opposite-sex

Question 14

eligible elderly opposite sex def

Answer 14

62+ and eligible for old age insurance benefits under the SSA

Question 15

RDP: result

Answer 15

same rights, protections, benefits, responsibiltiies, obligations as married

Question 16

RDP: other states

Answer 16

if substantially equivalent, and legally contracted, CA will recognize as RDP

Question 17

analysis

Answer 17

1) valid marriage or RDP?
2) putative spouse? marriage by estoppel?
3) cohabitation / Marvin?