Rights and Responsibilities of Spouses Flashcards
1
Q
Is name on title dispositive of ownership in event of divorce?
A
No
2
Q
tenancy by entirety
A
- Presumptive estate when married couple takes title to real property
- Includes right of survivorship
- Spouse cannot unilaterally convey or encumber property
- Upon divorcce, TBE becomes tenancy in common
3
Q
marital property
A
- Most property acquired during marriage
- Court has broad discretion in equitable distribution of property in case of divorce
4
Q
Do spouses share an obligation to support one another?
A
Yes, through both the doctrine of necessaries and principles of agency
5
Q
doctrine of necessaries
A
One spouse is liable to a third paryu for the other spouse’s purchases for necessary expenses (ex: food, clothing, medical care)
6
Q
spousal abuse orders
A
- All 50 states allowed battered spouse to seek some form of protective order against violent spouse
- May be gratned ex parte (w/o notice to other spouse)
- May last for 30 days up to several years
7
Q
tortious interference with marriage
A
- Alienation of affection
- Criminal conversation
- Negligent interference w/ consortium or services
8
Q
alienation of affection
A
- Genuine love and affection b/w validly married spouses
- Affection was alienated or destroyed
- Defendant’s actions cause the loss
- Proof of damages
9
Q
criminal conversation
A
- Existence of valid marriage
- Proof of adultery
10
Q
family privacy
A
- Based on Due Process Clause
- Right to privacy in homes and freedom from interference in domestic affairms
- Certain state interests take precedence (must pass strict scrutiny)
11
Q
Rights within the 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 children privately
- Right of partens to decide issues concerning care, custody, and control of children
Bye bye right to yeetus the fetus
