Nonmarital Relationships

Question 1

Putative Spouse

Answer 1

CA: Not lawfully married but has good faith belief that she is

Almost same property rights as lawful spouse (called quasi-marital property, or QCM)

Alternative: Doctrine of Estoppel (prevents denial of marriage where one spouse assured the other they’re lawfully married, falsely or not)

If other spouse knew they weren’t lawfully married, might not be able to claim QCM (undecided)

Question 2

Cohabitation

Answer 2

For people who don’t evidence intent to legally marry, CA applies general contract principles

Express Contract: Court should enforce express contracts between cohabiting people unless they’re based on sexual services.

Implied Contract: Party can prove implied contract based on behavior of parties (ex. A quits job to go to law school, B works to support)
* Gift: If a party unilaterally takes title to property in joint names, it’s inferred the party had intent to make gift of 1/2 interest in the property

Ex. A quits job in reliance on agreement that B’s income would support both.