Rights and Responsibilities Between Spouses Flashcards
1
Q
Property
A
- during marriage, each spouse owns + controls the property in their own name
- BUT title isn’t dispositive in the event of divorce
2
Q
Tenancy by the Entirety
A
- presumptively created in many states when spouses take title to real estate jointly
- includes right of survivorship
- one spouse can’t convey or encumber the property w/o consent of the other spouse
- upon dissolution of the marriage, tenants by the entirety become tenants in common
3
Q
Marital Property
A
- most property acquired during the marriage counts as marital property, no matter how titled
- upon dissolution of the marriage, the court has broad discretion re equitable distribution of this property
4
Q
Obligation to Support
A
- each spouse has obligation to support other during the marriage
- doctrine of necessaries can be used to make one spouse liable to third parties for other spouse’s purchases for necessary expenses, such as food, clothing + health care
- principles of agency may require that one spouse be held liable to a third party for the other spouse’s authorized purchases
- re suits between spouses, many states have abolished interspousal immunity (retain exceptions only for highly private activity + simple domestic negligence)
5
Q
Spousal Abuse Orders
A
- every state has laws protecting the victims of domestic abuse, both w/in + outside marriage
- all 50 states allow a battered spouse to seek some form of protective order against a violent spouse
- protective orders initially granted ex parte (w/o notice to other spouse) + can last from one month to several yrs depending on the jurisdiction
6
Q
Tortious Interference with Marriage
A
- alienation of affection
- criminal conversation
- negligent interference with consortium or services
7
Q
Alienation of Affection
A
- abolished in many states
- claim arises when third party diverts the affection of one spouse so that the other is deprived of a marital relationship
- require ev of genuine love + affected between validly married spouses, ev that the love or affection was alienated or destroyed, + proof that def’s actions caused the loss of love + affection
- adultery is not required
- proof of damages IS required
-> highly subjective, + punitive available in some jurisdictions
8
Q
Criminal Conversation
A
- abolished in most states
- when one spouse has sex w/ a third person, the other spouse may have a claim against the third person for criminal conversation
- only the existence of a valid marriage + act of adultery need be proven
- spouses may have been living apart at time of act (no alienation necessary)
9
Q
Negligent Interference with Consortium or Services
A
- in most states, either spouse may maintain an action for loss of the other’s consortium due to injuries from def’s negligence
10
Q
Family Privacy
A
- generally, the internal affairs of a family can’t be regulated by the courts
- under vast majority of circumstances, families have the right to privacy in their homes + freedom from gov interference in domestic affairs
- parents have authority to make decisions about most matters concerning the upbringing of their child, but certain state interests (ex: prevention of abuse + neglect, compulsory education) take precedence over parental autonomy
11
Q
Constitutional Privacy
A
- SCOTUS has recognized constitutional right of privacy as implicit in the concept of “liberty” + protected by the Due Process Clause
- b/c privacy is a fundamental right, any regulation of it is invalid unless necessary to protect a compelling gov interest
12
Q
Rights w/in Constitutionally Protected Right to Privacy
A
- right to marry
- right to procreate
- right to use or sell contraceptives
- right of related persons to live together
- right of parents to educate their children outside the public schools
- right of parents to decide issues concerning the care, custody and control of their children
