Unmarried Cohabitation

Question 1

Significance of “Being a Family”

Answer 1

o Minimizes governmental intervention into your life.
o Rights and Obligations from:
 The government
 Third parties
 And Other persons
o Societal Acceptance
o Clear Role Expectations

Question 2

what are the two approaches for defining family

Answer 2

formality and functionality

Question 3

what is the formality approach

Answer 3

those related by blood marriage or adoption are given rights of a family
ex: lesbians living together unmarried– no property rights. get married losers

Question 4

what is the functionality approach

Answer 4

those operating as a family are given rights of a family
ex: gays living together get to keep rent control after one dies

Question 5

what are the policy reasons for the formality approach

Answer 5

we want to channel people into marriage. more stable

Question 6

what are some policy considerations for formality

Answer 6

super intrusive by gov, burdensome, can’t predict

Question 7

what do we need for strict scrutiny

Answer 7

fundamental right or suspect class

Question 8

test for SS

Answer 8

government must show that there is a compelling, or very strong, interest in the law, and that the law is either very narrowly tailored or is the least speech restrictive means available to the government

Question 9

is right of family to live together fundamental

Answer 9

yes –> SS

Question 10

is right of students to live together fundamental

Answer 10

no –> rational basis

Question 11

can zoning ordinance define a family as those related by blood marriage adoption

Answer 11

yes – was only given rational review and passed

Question 12

what is the test for rational basis

Answer 12

whether a law is related to a legitimate interest of the government.

Question 13

can a living arrangement among unrelated individuals using unified housekeeping facilities satisfy an ordinance requiring that the individuals constitute a single housekeeping unit

Answer 13

yes

Question 14

what are the Marvin remedies

Answer 14

1. implied contract (some sort of unwritten action triggers assent)
2. partnership (agree to go it together)
3. implied joint venture (like partnership but for a specific thing)
4. constructive trust
5. resulting trust
6. quantum merit (provider of services gets compensated for v value of what they did)

Question 15

what does constructive trust require

Answer 15

when one who holds a title to property would be unjustly enriched if they were to hold title to it.

requires
- confidential relationship
-promise
-reliance
-breach of promise
-unjust enrichment

Question 16

what is resulting trust

Answer 16

when parties intend to both have a share but its only in one name

Question 17

what kind of rights of actions do unmarried partners have against each other

Answer 17

same kinds as other unmarried persons
- express k
- implied k
- equitable theories

Question 18

how do you determine if parties intended to share the benny

Answer 18

• Whether the parties made joint financial arrangements {Joint savings, joint titled property}
• Filed joint tax returns
• Held themselves out as husband and wife
• Contributed to the payment of household expenses
• Contributed to the improvement and maintenance of the disputed property
• Participated in a joint business venture.
• Raising children together or incurring joint debt.

just living together is not enough!!!!!!

Question 19

do you need to find that the party intended to share each piece of property

Answer 19

not if they intended to share their property in a marriage-like relationship

Question 20

what if the parties intended to share the fruits of their relationship as if they were married

Answer 20

then can be divided in marital fashion

Question 21

what is unjust enrichment

Answer 21

 Substantial uncompensated contributions to an asset forms an expectation that the party will benefit from that contribution. It is incorrect to see that as a gift.

Question 22

what does the restatement say about unjust enrichment

Answer 22

If two persons have formerly lived together in a relationship resembling marriage, and if one of them owns a specific asset to which the other has made substantial, uncompensated contributions in the form of property or services, the person making such contributions has a claim in restitution against the owner as necessary to prevent unjust enrichment

Question 23

what is a meretricious relationship

Answer 23

stable marriage-like relationship that both parties know is not a marriage.

Question 24

factors for a meretricious relationship

Answer 24

• Continuous cohabitation
• Duration of the relationship
• Purpose of the relationship
• Pooling of resources
• Services for joint projects
• Intent of the parties.
   Then, the court evaluates the interest each party has in the property acquired during the relationship and makes a just and equitable distribution of the parties.

Question 25

how do you divvy up property from meretricious relationships

Answer 25

property that may be characterized as community property had the couple been married is subject to equitable distribution, while property acquired prior to the relationship is not

Question 26

how does American law institute treat domestic partners in dissolution

Answer 26

same as married

Question 27

alternative statuses

Answer 27

-civil unions
- domestic partnership
-reciprocal beneficiaries