MARRIED AND UNMARRIED COUPLES Flashcards
Married and Unmarried Couples Checklist
Married Couples
- End of Martial Community
- Permanent Separation
Domestic Partnerships
Unmarried Cohabitants
Putative Spouses
- Rights
- Quasi-Marital Property
- Separate Property
- Lawful and Putative Spouse
Married Couples
In California, a marriage is valid if the following requirements are met:
(1) consent of both parties, (2) the parties are at least 18 years old, and (3) they have the legal capacity to enter into a contract.
Further, the parties must complete formalities such as obtaining a marriage license, solemnization, and authentication. However, strict compliance is not necessary.
End of Martial Community
In California, a marriage ends upon divorce, death of either spouse, or permanent separation with intent not to-reenter the relationship.
Permanent Separation
Permanent separation exists when spouses initiate a complete break in their marriage. Separation must be shown by (1) one or both spouses’ express intent to end the marriage*, and (2) actions consistent with that intent. Living separate and apart is not required.
*i.e. explicit communication to other spouse, filing for dissolution, physical separation
Domestic Partnerships
California domestic partnerships are entitled to the same rights and benefits as married couples. Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.
Unmarried Cohabitants
CP law is not applied to unmarried cohabitants; California applies contract principles. Express contracts will be enforced unless the consideration is sexual services. Absent an express contract, the parties must prove an implied contract existed.
Courts may also apply equitable remedies. If cohabitants later marry, property acquired prior to marriage will be distributed pursuant to contract law, and property acquired during marriage will be distributed pursuant to CP law.
Putative Spouses
A putative spouse is not legally married* but has a good faith belief that the marriage is valid.
*a marriage may be void or voidable due to incest, bigamy, invalid contract, fraud, force, underage spouses, etc.
Putative Spouses - Rights
The putative spouse has the same rights as a spouse of a valid marriage as long as he has a good faith belief that the marriage was valid. The putative spouse’s rights cease when he learns the marriage is invalid.
Putative Spouses - Quasi-Marital Property
Quasi-martial property is property acquired that would have been CP or QCP had the marriage been valid and is treated and distributed in the same manner as CP.
Putative Spouses - Separate Property
A surviving putative spouse has the same rights to her spouse’s SP as if she were a surviving lawful spouse.
Putative Spouses - Lawful and Putative Spouse
If someone has both a lawful spouse and a putative spouse, the decedent’s estate will be distributed equally between the two claimants.
