Unmarried Couple's Property Rights Flashcards
What issues arise with regards to unmarried couple’s property rights?
- Requirements for lawful marriage
- Putative Spouse
- Unmarried Cohabitants
- Domestic Partners
In CA, what are the requirements for a lawful marriage?
- legal capacity;
2. performance of formal legal procedures (witnesses ceremonial marriage that is licensed or registered)
Does CA recognize common law marriages?
CA does not recognize —> common law marriages purportedly formed in CA
CA does recognize —> common law marriages formed in jdxns that recognize them
What is a “putative spouse”?
“putative spouse” - not lawfully married, but has a SUBJECTIVE GOOD FAITH BELIEF that he is legally married
What happens if “putative spouse” finds out they are not legally married?
One she learns she’s not really married, she no longer accrues putative spouse property rights
Do “putative spouse” rights also apply to putative domestic partners?
YES.
If DP had good faith belief that his California DP was properly registered
What is a putative spouse’s property rights?
Almost the same as lawful spouse.
Example –> same rights in CP, quasi-CP and partner’s SP
HOWEVER –> private contractual benefits may be limited to real spouses
What is “quasi marital property”?
“quasi-marital property” = all property that would be CP or quasi-CP if parties were actually married
What happens when only one partner is a good faith putative spouse?
In this case –> it is unclear whether bad-faith putative spouse may make claim to quasi-marital property accumulated by good faith putative spouse.
HOWEVER —> if claim of being putative spouse may fail bc claimant had knowledge marriage was invalid, claimant may still prevail on basis of ESTOPPEL if other spouse ALSO knew marriage was invalid but nevertheless continued to enjoy the benefits of cohabitation
What happens if decedent leaves both a lawful and putative spouse?
Probate courts have equitably divided decedent’s estate among them
What rules apply for unmarried cohabitants?
- General K rules apply
2. If there is no express K, party may prove K implied by behavior of parties or use theory of unjust enrichment
What happens if unmarried cohabitants later marry?
contract rules still apply to property acquired before marriage.
If they later divorce, only property acquired during marriage is distributed according to CP rules
When is domestic partnership available in CA?
DP must be registered w state of CA.
It can be:
- same sex couples;
- opposite sex couples if at least one member is over the age 62
