Unmarried Cohabitation Flashcards
Significance of “Being a Family”
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
what are the two approaches for defining family
formality and functionality
what is the formality approach
those related by blood marriage or adoption are given rights of a family
ex: lesbians living together unmarried– no property rights. get married losers
what is the functionality approach
those operating as a family are given rights of a family
ex: gays living together get to keep rent control after one dies
what are the policy reasons for the formality approach
we want to channel people into marriage. more stable
what are some policy considerations for formality
super intrusive by gov, burdensome, can’t predict
what do we need for strict scrutiny
fundamental right or suspect class
test for SS
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
is right of family to live together fundamental
yes –> SS
is right of students to live together fundamental
no –> rational basis
can zoning ordinance define a family as those related by blood marriage adoption
yes – was only given rational review and passed
what is the test for rational basis
whether a law is related to a legitimate interest of the government.
can a living arrangement among unrelated individuals using unified housekeeping facilities satisfy an ordinance requiring that the individuals constitute a single housekeeping unit
yes
what are the Marvin remedies
- implied contract (some sort of unwritten action triggers assent)
- partnership (agree to go it together)
- implied joint venture (like partnership but for a specific thing)
- constructive trust
- resulting trust
- quantum merit (provider of services gets compensated for v value of what they did)
what does constructive trust require
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
what is resulting trust
when parties intend to both have a share but its only in one name
what kind of rights of actions do unmarried partners have against each other
same kinds as other unmarried persons
- express k
- implied k
- equitable theories
how do you determine if parties intended to share the benny
- 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!!!!!!
do you need to find that the party intended to share each piece of property
not if they intended to share their property in a marriage-like relationship
what if the parties intended to share the fruits of their relationship as if they were married
then can be divided in marital fashion
what is unjust enrichment
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.
what does the restatement say about unjust enrichment
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
what is a meretricious relationship
stable marriage-like relationship that both parties know is not a marriage.
factors for a meretricious relationship
- 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.
how do you divvy up property from meretricious relationships
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
how does American law institute treat domestic partners in dissolution
same as married
alternative statuses
-civil unions
- domestic partnership
-reciprocal beneficiaries
