Courts uphold premarital if: reasonable, voluntary, fair, and not unconscionable. (ii) Agreements broken up: if hiding assets and fail to disclosure x) Unmarried Couples (1) In estate of Roccamonte- concerned about case (a) one person married and other person not married (b) promised to provide for her financially for rest of her life (i) entitled to rest of the estate (ii) contractual relationship that person could rely upon- even though not married 30
Property I Law- Merged Outline 1. basis for common law marriage because your living, making commitments, or promises (c) oral agreements or promises to somebody that they are in a relationship and provide to them forever (i) what are they entitled to upon person’s death (d) what you say to someone else, have a right to rely upon (e) when does this die, she was his paramour and had no intimacy with his wife (i) valid contract as money for sex- characterized as services (f) should court reward that activity or as matter of public policy and not validate it because money for sex (g) If her died before him, promise dies with him. xi) Same-sex marriage – issue talked about and gaining attention (1) Should law apply property rights to same sex couples and recognize those marriages (a) If do, recognize identical property rights (2) Have basic property rights but chipped away at by changes in societal views and policy considerations (3) Available property rights for non-traditional couples (4) Property rights that denied to same-sex couples who cannot marry: (a) Federal benefits that flow from marriage (i) Joint income tax filing (ii) Immigration filing (iii) Social security benefits (b) What happens to the actual property (i) Intestacy rights (ii) Pretermission rights (iii) Right to hold property as tenants by entirety (iv)Right to be included as “spouse” on partner’s medical policy (5) Thought process* > recognize legal battle important to understand that arguments from property standpoint are very significant (a) Property rights afforded are substantial 31
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- Fall '08
- The Land, Life estate, Fee simple