W7 - Family Property

Question 1

What is coverture?

Answer 1

The historical joining of a married couple’s assets into one estate (usually under the husband’s control)

Question 2

During marriage, women became a ___

Answer 2

non-person

Question 3

What is a Dower ad Curtsy?

Answer 3

Common law mechanism for providing a life interest in a spouse’s property

Question 4

Under a dower ad curtsy, how much would a widow get, how much would a widower get?

Answer 4

Widow would get 1/3 of the deceased husband’s property, widower would get all of the deceased wife’s proeprty

Question 5

What was the one way a woman could keep her property out of the hands of her husband?

Answer 5

If her father set up a trust for her prior to the marriage. the trust would not transfer to the husband

Question 6

What was significant about Murdoch v Murdoch?

Answer 6

The dissent, which acknowledged that non-monetary contributions to a property could establish a constructive trust, and was later adopted by the SCC in Rathwell v rathwell

Question 7

What are the 3 things CJ McLachlin said are needed for a constructive trust to be awarded?

Answer 7

When there is a direct link between contributions and the property
The contributions must be substantial
A monetary award would be inadequate

Question 8

What governs constructive trust/property rights of same sex couples?

Answer 8

Since the legal recognition of same sex marriage, it is governed by the same marital statutes as heterosexual couples, but before that it was governed under constructive trust principles, same as common law marriages

Question 9

In Ontarion marital law, what is the equalization payment?

Answer 9

A lumps payment from the wealthier former souse to the other to make the two more or less equal as they part ways

Question 10

In calculating the equalization payment, what things are exempt?

Answer 10

Gifts, inheritance, and property already in the possession of a party before a marriage

Question 11

Is a professional degree property/. Why/not?

Answer 11

Because the license cannot be transferred by the license, and requires the efforts of the licensed to be of value, it cannot be proeprty

Question 12

What mechanism provides for maintenance of a former souse after a marriage has been terminated?

Answer 12

Spousal support

Question 13

Can a constructive trust be used to remedy unjust enrichment?

Answer 13

yes

Question 14

What are the 3 requirements for unjust enrichment to exist?

Answer 14

There must be enrichment
A corresponding deprivation
An abcense of a legal reason for the enrichment

Question 15

What are the remedies for unjust enrichment?

Answer 15

Either a monetary award, or specific title

Question 16

How should monetary awards be calculated to remedy unjust enrichment?

Answer 16

Not as precise accounting (fee per instance of the parties assistance) but rather should treat the claimant as a co-venturer