Alternatives to Marriage Flashcards
What is “palimony”?
Palimony is compensation made by one member of an unmarried, cohabitating couple to others based on a contract - either express or implied - based on their cohabitation agreement.
Can sex be the basis for a contract for money regarding cohabitation?
No. There can be a contract regarding cohabitation. However, there cannot be a contract about sex via cohabitation.
What did Carney v. Hansell say regarding the ability of a woman to be paid as a housekeeper rather than as a wife during a cohabitation?
Using the doctrine of quantum meruit, the court allowed a cohabitating woman to receive compensation as an employee or a house keeper. However, she was not allowed compensation in the form of property distribution as a wife would be upon termination of a relationship.
In Connell v. Francisco and Davis v. Davis, the court was deciding cases regarding property distribution for unmarried cohabitants. What were the outcomes and why were they different?
Connell v. Francisco - Property was classified as marital and so it was distributed evenly between them even though they were not married.
Davis v. Davis - No equitable distribution of property because they were not married.
Court stated they were different because Davis had the opportunity to become married and said no. Therefore, she expressly did not want the benefits that came with marriage. Connell, however, had a legitimate claim to the property distribution and was not given a similar opportunity.
