Legal Effects of the Marital Relationship

Question 1

PA Title Property State

Answer 1

• The spouse with title to property is the legal owner of the property
• During the marriage, the person who owns title can use or dispose of the property as she wishes without consulting with her spouse

Question 2

Tenancy by the Entirety

Answer 2

• Presumption
  
  • Conveyance to a married couple is presumed to be TBE in Penn.
• TBE is also created when property is purchased by a married person, even though one spouse may have contributed the entire purchase price and the other spouse contributes nothing
• Only available to married couples
• Includes right of suvivorship – upon the death of the first spouse to die, the share of the deceased spouse automatically transfers to the surviving spouse who becomes the owner of the whole property
• Property can be partioned upon divorce; and
• creditors do not have the right to access the property if only one spouse has incurred the debt – need mutual consent

Question 3

Mutual Support Obligation

Answer 3

In PA, , any married person is obligated to support his or her spouse to the degree that he or she is able

Question 4

Necessaries Doctrine

Answer 4

• Parties do have the support obligation to each other meaning that they are obliged to provide each other with basic essentials
• Creditors
  
  • Where debts are contracted for “necessaries” by either spouse for the support and maintenance of the family, the creditor may sue either or both spouses for the value of the necessaries
  • after obtaining a judgment, the creditor must attempt to execute the debt first against the contracting spouse alone
• Necessaries include basics:
  
  1. Medical care
  2. Housing
  3. Food
  4. Living expenses
     *

Question 5

Protection from Domestic Abuse

Answer 5

• Scope:
  
  • Family members
  • Household members
  • Ex-spouses
  • Sexual partners
  • Bio-siblings
• Not covered by statute
  
  • Dating
  • Friends
  • Strangers

Question 6

Act that trigger Pennsylvania’s Protection from Abuse Act

Answer 6

1. attempting to cause, or intentionally, knowingly, or recklessly causing bodily injury or a sexual offense;
2. placing another in reasonable fear of imminent serious bodily injury;
3. false imprisonment;
4. physical or sexual abuse of minor children; or
5. a course of conduct or repeated acts, such or following the person without proper authority, under circumstances that place the person in reasonable fear of bodily injury

Question 7

Relief Available under PA’s Protection from Abuse Act

Answer 7

Order/agreement that:

• Directs ∆ to refrain from abusing the plaintiff or minor children;
• Prohibit ∆ from having any contact with π or minor children from harassing π’s relatives
• Award temporary custody or establishing temporary visitation rights with regard to minor children, considering any risk the defendant poses to the children as well as the plaintiff; or
• Order ∆ to pay temporary financial support, health coverage, and medical expenses for the defendant’s dependents

Question 8

Sanctions for Violation of Order

Answer 8

1. ∆ may be arrested without warrant upon probable cause.
2. Court may hold the defendant in civil contempt for violation of any provision of the order or agreement.
3. plaintiff may file a private criminal complaint alleging the defendant’s indirect criminal contempt for a non-economic violation

Question 9

Duration of Order

Answer 9

• For a fixed period, no longer than 3 years
• Extentions may be granted if court finds:
  • after notice and hearing,
  • that the defendant committed one or more acts of abuse after the entry of the final order, or
  • engaged in a pattern or practice that indicates continued risk of harm to the plaintiff or a minor child a contempt petition or charge is pending against the defendant for violation of the order