Chp 4: Nonmarital Couples Flashcards
Charlie and Devon have been living together in California for a decade and have just dissolved their relationship. During that time, Charlie worked for an investment company, and consistently invested most of his earnings in the stock market. Those investments are now worth $1 million. Devon worked as a teacher, and has little in savings. However, Devon has contributed to a retirement account that is now valued at $200,000, although Devon won’t begin receiving distributions for another 20 years.
What is the most likely resolution of any property dispute over the investments and the retirement account?
An agreement between Charlie and Devon concerning property acquired during the cohabitation is likely to be enforced.
Exp: Most jurisdictions enforce agreements between nonmarital cohabitants provided they do not rest explicitly on “meretricious” consideration, and only a few do not. E.g., Kristine L. Tungol, Cause of Action by Same-Sex or Heterosexual Unmarried Cohabitant to Enforce Agreement or Understanding Regarding Support or Division of Property on Dissolution of Relationship, 35 Causes of Action 2d 295 (2019).
Greta and Jeremy have been living together for five years. Jeremy is changing jobs and would like to be added to Greta’s health insurance. They do not want to marry.
Which of these answers is most likely to be accurate about their rights?
Greta should check with her employer about its policies on adding nonmarital partners.
Exp: Some employers allow for a nonmarital partner to be added, regardless of the existence of a civil union or domestic partnership statute.
Tina and Victor seek to enter into a civil union, which is permitted in their jurisdiction.
Which of the following would not serve as a bar to that status?
Tina is divorced from Ricky, Victor is divorced from Patty.
Exp: A party must be eligible to be married to enter into a civil union. Because Tina and Victor are not married to anyone else, they can marry each other, and therefore they can enter into a civil union together.
Ursula and Yuan seek to enter into a civil union, which is permitted in their jurisdiction.
Which of the following would serve as a bar to that status?
Ursula is in another civil union with Xerxes.
Exp: A party can only be in one civil union at a time, so Ursula cannot enter into a civil union with Yuan until she dissolves her existing one with Xerxes.
Isha and Zack are each unmarried and have been living together for 20 years.
Which of the following is an accurate statement of their rights?
They are eligible for a civil protection order against one another.
Exp: Cohabitants are eligible for civil protection orders against one another.
Jamily and Kerry are each unmarried and have been living together for 21 years. Jamily is an architect, and Kerry is an accountant who has worked part-time and has had primary responsibility for the couple’s two children. They recently separated. Kerry has sued for palimony, meaning ongoing payments comparable to alimony.
Which of the following is an accurate statement of their rights?
Most jurisdictions will not award Kerry palimony unless the parties had an agreement otherwise.
Exp: Where there is an agreement to provide palimony between nonmarital couples, most courts will enforce it.
Bob and Chandra have lived together for 20 years and have three joint children. Bob and Chandra were riding bicycles together when Bob was struck by a car. He was hospitalized for several months. Chandra experienced great emotional distress as a result of the accident. Bob has now recovered.
Which of the following is the most likely result of a loss of consortium claim brought by Chandra?
Even if the claim would have been permitted if Bob and Chandra were married, the court will dismiss the case because Bob and Chandra are not married.
Exp: The court is likely to dismiss the case, because, in most states, nonmarital cohabitants do not have the same tort claims as married couples. See Vance v. Farmers Ins. Co., No. 76092-1-I, 2017 WL 4883353, at *4 (Wash. Ct. App. Oct. 30, 2017), review denied, 412 P.3d 1260 (Wash. 2018) (describing New Mexico as only state permitting loss of consortium claims for unmarried cohabitants).
Charles and Dina were living together. Dina was an art dealer, and, about five years ago, she decided to buy an expensive piece of art as a personal investment. She didn’t have enough money to buy the art on her own. When she told Charles about it, he responded that it was a great idea and that he could give her part of the purchase price. Because Dina was in the art business, he told her he didn’t want his name on the title. Charles and Dina recently split up and Charles wants a share of the art and its appreciated value.
Which of the following is accurate in most jurisdictions?
A constructive trust could be imposed, even though title is exclusively in Dina’s name.
Exp: A constructive trust is an equitable remedy, which may be imposed where the person in possession of the property would be unjustly enriched were that person permitted to retain that property. Charles might be able to show that Dina has been unjustly enriched by his contributions.
Under the approach proposed by the American Law Institute’s Principles of the Law of Family Dissolution, which of the following is an accurate statement concerning recognition of domestic partners?
The parties must maintain a common household to be recognized as domestic partners.
Exp: The ALI requires that the parties maintain a common household to establish a domestic partnership. Principles of the Law of Family Dissolution § 6.03 (2002).
