Cohabitation

Question 1

cohabitation (intro + not def)

Answer 1

• mostly contract or prop. law; not family
• different legal actions can arise
• equitable remedies (maj.) , property rights, and state contract law

Question 2

Cohabitation (def+formula)

Answer 2

shared dwelling + sexual relations - marriage = unmarried cohabitation

Question 3

palimony

Answer 3

financial support for un-married ex partner
three approaches:
- equitable remedies
- property rights
- strict contract law

Question 4

equitable remedies

Answer 4

may arise from retroactive interpretation of express or implied contract or tacit understanding

judge made law; does not apply to any cohabitated relationship

Question 5

Property Rights

Answer 5

property division follow community property rules applicable upon divorce
(community property state)

unless paid and managed by one partner solely

(divorce rules applies; when it seems marriage-like; contributions to property)

Question 6

Contract Law

Answer 6

written express contactual recovery - every state;
unwritten contracts are rejected - few states

Question 7

two main forms of cohabitation

Answer 7

• preliminary step for marriage (common)
• marriage substitute

Question 8

why preliminary to marriage

Answer 8

• econ benefits
• practice for marriage
• intimacy building
• belief that it would reduce divorce prob.
• no legal consequence

Question 9

why marriage substitute?

Answer 9

• rejection of the legal status
• existing marriage
• avoid econ consequence of divorce
• tax penalty

Question 10

domestic partnership

Answer 10

legally register the relationship status to gain legal benefits (marriage-like rights); requires de-registration or judicial declaration

reciprocal beneficiary status (more benefits such as medical decision making) in HA

Question 11

common-law marriage

Answer 11

parties intend to live as a married couple, can be dissolved by death or judicial declaration, parties hold themselves out as husband and wife