Unmarried Cohabitants & Non-martial Children

Question 1

Rights of unmarried cohabitants

Answer 1

Unmarried cohabitants do not have any special status by virtue of living together, unless they satisfy requirements for a common law marriage.

Question 2

K’s between unmarried cohabitants

Answer 2

Ks between unmarried cohabitants to share property or engage in other forms of economic sharing are valid

/ Exception - where sexual services is the sole consideration supporting the K, it will be invalid

Question 3

Implied K’s

Answer 3

Courts may allow unmarried cohabitants to seek a remedy based on an implied-in-fact K theory (ie, formed by parties’ conduct

// Court may construe an arrangement as a joint venture, constructive trust, or partnership

Question 4

Division of property of unmarried cohabitants

Answer 4

where unmarried cohabitants break up, courts may grant an equitable distribution of property based on rehabilitative alimony or one of the following theories: 
1. Resulting Trust - party makes claim to property in another's name 
// party seeking resulting trust must have paid money to acquire the property with intent to retain an ownership interest

2. Constructive Trust - imposed to prevent a party from being unjustly enriched by obtaining title through wrongful conduct

3. Quantum Meruit - recovery in quasi-K for valuable services 
// Claim seeks another to pay the FMV of services rendered to avoid unjust enrichment

Question 5

Define: Non-marital Children

Answer 5

A non-marital child is one born to an unmarried woman

Question 6

Non-marital children discrimination

Answer 6

distinctions based on non-marital child status are almost always unconstitutional

// NOTE: if you see any exam question where a child is denied benefits of rights (child support, government benefits, inheritance) due to their non-marital child status, it is likely invalid

Question 7

Establishing paternity

Answer 7

a paternity suit may be brought to establish a non-marital child’s biological parent

// Often brought by child or mother for the purpose of obtaining support from child’s father

// Once paternity is established, a duty of support attaches. Additionally, father may seek visitation and custody rights

// Admissible evidence - in paternity actions, evidence my include:

• blood or genetic tests, which parties may be required to take
• prior statement regarding paternity by deceased family
• medical testimony about a father’s sterility and/or probability of paternity based on time elapsed between birth and send
• Admissions or acknowledgments by alleged parent