The Marriage Relationship

Question 1

Property

Answer 1

Each spouse controls her own property.

Question 2

Marital Property

Answer 2

Includes most property acquired during the marriage.

Question 3

Support

Answer 3

Each spouse has an obligation to support the other during the marriage. (Under agency principles one spouse is liable for the necessities of the other).

Question 4

Family Privacy

Answer 4

Families have the right to expect privacy for actions within their homes and freedom from governmental interference in their domestic affairs.

Question 5

Constitutional Privacy

Answer 5

Regulation is invalid unless there is a necessary and compelling government interest.

Question 6

Spousal Evidentiary Privilege

Answer 6

(1) Spousal Immunity and (2) Confidential communications

Question 7

Spousal Immunity

Answer 7

A married person cannot be compelled to testify against his spouse in a criminal proceeding. Can only be invoked during the marriage.

Question 8

Confidential Communication

Answer 8

Either spouse can invoke. To refuse to disclose and to prevent the other from disclosing confidential communication made between them while they were married. Communication must have been made in confidence in reliance upon the marriage. Privilege survives divorce.

Question 9

Tortious Interference with Marital Relationship

Answer 9

(1) Alienation of Affections (2) Criminal Conversation (3) Negligent interference with consortium or services.