Rights of Umarried Cohabitants Flashcards
As to rights of cohabitants inter se in express contracts, in most states
In most states, an express agreement (written or oral) between unmarried cohabitants to share property or otherwise engage in forms of economic sharing is enforceable, so long as the economic sharing is NOT intended as payment for sexual services.
However, some states refuse to recognize such contracts between unmarried cohabitants as against public policy.
Note: inter es = among themselves
An implied-in-fact contract is formed
by the conduct of the parties rather than express statements (e.g., commingling funds).
Some states also allow unmarried cohabitants to seek
a remedy based on an implied-in-fact contract theory.
Some states also allow unmarried cohabitants to seek equitable remedies based on the following theories:
Resulting Trust. To make a claim to property titled in another’s name, the party seeking the resulting trust must have paid money to acquire the property with the intent to retain an ownership interest, rather than making a gift.
Constructive Trust. A constructive trust is imposed to prevent a party from being unjustly enriched by obtaining title to property through wrongful conduct.
Quantum Meruit. A quantum meruit claim requires another to pay the fair market value of services rendered to avoid unjust enrichment.
Paternity actions typically arise when
a man wishes to avoid child support obligations by denying paternity of the child.
A mother or government agency may bring a paternity action to
establish the father’s paternity. Once paternity is established, the law imposes all rights, privileges, duties, and obligations on the father.
Under the Uniform Parentage Act (UPA), the father-child relationship is established between a man and a child by:
An effective acknowledgement of paternity by the man UNLESS the acknowledgement has been rescinded or successfully challenged;
A valid adoption of the child by the man;
OR
An adjudication of the man’s paternity.
Under the UPA, a man is presumed to be the father of the child if:
He and the child’s mother are or have been married to each other and the child
is born during the marriage, or within 300 days after the marriage is terminated;
Before the child’s birth, he and the child’s mother attempted to marry in apparent compliance with law, although the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination;
OR
While the child is under the age of majority, he receives the child into his home and openly holds out the child as his own.
A presumption of paternity under the UPA may only be rebutted
by clear and convincing evidence. Generally, there is a very high burden on challenging paternity because society favors the family relationship. Some courts even have the authority to exclude valid evidence that would rebut the presumption if rebutting the presumption would be contrary to the child’s best interests.
Equitable Estoppel.
Under equitable estoppel, a man who is not the biological father will be estopped from denying paternity if:
He has held himself out as the father;
AND
Paid support.
Legitimation by Petition. In contrast to a paternity action, legitimation is
a legal action brought by a biological father to establish his rights concerning his child born out of wedlock.
To establish his rights, the father may file a petition seeking to legitimate his child. Generally, the father must show that he has:
Assumed parental responsibilities;
AND
Established a substantial parent-child relationship.
Legitimation by Marriage.
The marriage of the mother and biological father renders the nonmarital child legitimate so long as the father recognizes the child as his child. Upon valid legitimation (by petition or marriage), the father stands in the same position as any other parent regarding parental and custodial rights with respect to the child.
