Rights and Responsibilities between spouses

Question 1

What form of real estate property do spouses share?

Answer 1

Tenancy by the entirety is presumed:
- Right of survivorship
- no encomberence by one spouse without the consent of the other

Question 2

Define

Doctrine of necessaries

Answer 2

can be used to hold a spouse liable to 3Ps for the other spouses’ purchases for necessary expenses (food, clothing, healthcare)

Question 3

What do you need to know about

spousal abuse orders?

Answer 3

• Applies within and outside of marriage.
• All 50 states allow battered spouse to seek some form of protective order against violent spouse
• Protective orders can be granted ex parte and can last from 1 months to many years.

Question 4

Define

Alienation of Affection

Answer 4

Claim against 3P where spouse can show that :
- there was genuine love between the validely married spouses
- this love is now gone
- 3P caused this alienation.

Adultery not required here

Question 5

Define

Criminal Conversation

Answer 5

Where one spouse commited adultery with 3P, other spouse may act against 3P for criminal conversation by proving :
valid marriage + adultery

abolished in most states

Question 6

What falls within the constitutional protection of family life ?

Answer 6

The constitutional right of privacy (protected by Due Process Clause) is a fundamental right and any regulation thereof is invalid unless it is necessary to protect a compelling government interest.

includes :
- right to marry
- to use/ sell contraceptives
- right of related individuals to live toghether
- right of parents to educate their children outside of ublic schools
- rights of parents to decide issues concerning the care, custody and control of their children.

There no longer is a fundamental right to abortion.