8. Unmarried Cohabitants Flashcards
How may unmarried cohabitants have contract rights?
Express contracts
- Earnings
- Property rights
NOT implied contracts/sexual relations
How may unmarried cohabitants have property rights?
Express contracts
Equitable distribution
- Constructive/Resulting trust
- Quantum in meruit
How can non-marital children presume legitimacy from their fathers?
Father married mother after birth
Father holds out as biological child
Father consents to birth certificate name
Paternity acknowledgement (by Father/court) (clear + convincing/preponderance of evidence - some states)
- Medical testing
- Blood testing
- Paternity statements
What rights does a non-marital father have if he acknowledges paternity?
Child custody/visitation rights
Child support duty (full commitment to parenthood)
- Acknowledgment of paternity
- No acknowledgement of paternity (Knowledge of non-paternity + opportunity to litigate at time of divorce)
What rights do illegitimate children have?
No discrimination between legitimate + illegitimate children
No father inheritance preclusion
No discriminatory statute of limitations
Same rights as legitimate children
Government benefits
What rights do non-marital parents have for child’s death?
Mother/Father
- Recovery in tort (negligence/intentional)
- Bring action for Child’s loss of consortium
Father (legally recognised) - Full commitment to parenthood
- Daily supervision
- Education/Care/Protection
- Birth expenses
- Paternity acknowledgment
