The Marriage Relationship

Question 1

What are spousal rights to property?

Answer 1

Each spouse owns and controls his or her own property during the marriage.

Question 2

What is the typical effect of joint title to property?

Answer 2

Creation of a tenancy by the entirety which allows for a right of survivorship and prohibition on the conveyance or encumbrance of the property by one spouse without the other’s consent.

Question 3

What is the spousal duty of support?

Answer 3

During marriage, spouses owe each other an obligation to support each other.

Question 4

When is one spouse liable for the other’s purchases?

Answer 4

Agency theory may hold one spouse liable to a third party for the purchased of the other spouse if they are authorized.

Outside of agency theory, one spouse may be liable to third parties for purchases of necessaries (food, medical expenses) by the other spouse.

Question 5

What are spousal abuse orders?

Answer 5

Laws in every state allow victims of spousal abuse to obtain ex parte protection orders against the other spouse.

Question 6

What rights fall within the Constitutional right to privacy?

Answer 6

The right to marry, procreate, use or sell contraceptives, obtain an abortion within limits, live together with relatives, educate your children outside of public schools, and decide issues regarding the care, custody and control of your children

Question 7

What are the possible actions for tortious interference with marriage?

Answer 7

alienation of affection: (1) genuine love and affection + (2) alienation and destruction of that love and affection + (3) caused by the defendant + (3) damages [adultery not a requirement]

Criminal Conversation: (1) marriage + (2) adultery by one spouse w/ defendant + (3) damages

Negligence action for loss of consortium