The Marriage Relationship

Question 1

How do spouses take property?

Answer 1

Spouses take as tenants in common unless otherwise specified by deed (GA doesn’t recognize tenancy by the entirety)

Question 2

Tortious Interference with Marital Relationship

Answer 2

• GA doesn’t recognize criminal conversation or alienation of affection causes of action.
• However, loss of consortium due to injuries from a third party’s negligence is recoverable by the non-injured party.

Question 3

Spousal Immunity

Answer 3

GA continues to recognize spousal immunity, but it has fizzled away where policy reasons are not present (i.e., preservation of marital harmony and avoidance of collusion)

It does not apply to wrongful death actions where the doctrine’s application would run afoul of the constitutional right of equal protection.

Question 4

Duty of Support to Spouse

Answer 4

Spouses have a duty to support each other and each is liable to third parties for necessaries purchased by the other.

Question 5

Spousal Communications Privilege

Answer 5

Georgia recognizes communications between husband and wife as privileged. The privilege may be claimed by either spouse. But it may only be waived by the spouse against whom the testimony is offerred.

Question 6

Rights of Unmarried Cohabitants

Answer 6

• GA doesn’t enforce contracts b/w unmarried cohabitants if sexual relations conctitutes any portion of the consideration. (Opposite of general rule)
• Upon separation, the property of unmarried cohabitants is divided as titled.
• Untitled property is owned by possessor.