CHAPTER 3 LIVING TOGETHER 2006 Thomson Delmar Learning

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CHAPTER 3 LIVING TOGETHER © 2006 Thomson Delmar Learning. All Right Reserved.

CHAPTER 3 LIVING TOGETHER © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 3 Living Together • The Growing Trend of Cohabitation • Joanna’s Story –

Chapter 3 Living Together • The Growing Trend of Cohabitation • Joanna’s Story – But Mother, I Love Him! • Nine out of ten marry in our lifetime • Divorce rate for first time marriages is just over 50% • Divorce rate is even higher for those who marry twice or more © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 3 Living Together • Preventing Cohabitation Disaster – JD’s advice • Reviewing the

Chapter 3 Living Together • Preventing Cohabitation Disaster – JD’s advice • Reviewing the cohabitation agreement • Cohabitation contract makes good sense – Addendum © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 3 Living Together • Come Live With Me And Be My Love •

Chapter 3 Living Together • Come Live With Me And Be My Love • Percentage of unmarried couples living together between 1990 and 2000 increase 72% • Marriage rates fall in 15 countries © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 3 Living Together • Why Are Couples Living Together? • • Avoid divorce

Chapter 3 Living Together • Why Are Couples Living Together? • • Avoid divorce Keep alimony from previous marriage Disabled citizens receiving benefits Citizens receiving public assistance © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 3 Living Together • Why is Granny Living With Her Boyfriend? • Unmarried

Chapter 3 Living Together • Why is Granny Living With Her Boyfriend? • Unmarried opposite sex couples age 65 and older rose 73% from 1990 -1999 • Widowed spouses turning 60 loses social security benefits upon remarriage • Hospital and Medicaid can’t expect cohabitating partner to pay medical bills unlike a spouse © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 3 Living Together • New Protections On The Horizon For Cohabitating Partners •

Chapter 3 Living Together • New Protections On The Horizon For Cohabitating Partners • Domestic partners in Canada, France and Sweden to gain same rights as a married couple • Domestic partnership in the United States © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 3 Living Together • Landmark Cohabitation Case: Palimony Added To Dictionary • Read

Chapter 3 Living Together • Landmark Cohabitation Case: Palimony Added To Dictionary • Read Marvin v Marvin • Palimony • Implied contract • Express contract • Equitable remedy © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 3 Living Together • Marvin Case Has Long-Term Effect • Palimony After Death

Chapter 3 Living Together • Marvin Case Has Long-Term Effect • Palimony After Death Do Us Part • Concept continues to be expanded • So, What Is An Unmarried Couple To Do? • Criminal prosecution • Landlord argument © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 3 Living Together • Cohabitating Couples Must Create Their Own Legal Protections •

Chapter 3 Living Together • Cohabitating Couples Must Create Their Own Legal Protections • Equitable doctrines © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 3 Living Together • Contract Law To The Rescue • • Stipulation Duress

Chapter 3 Living Together • Contract Law To The Rescue • • Stipulation Duress Estoppel Affirmative defenses Amended complaint Bifurcated Without prejudice © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 3 Living Together • Unjust Enrichment Theory Applied • Unjust enrichment theory •

Chapter 3 Living Together • Unjust Enrichment Theory Applied • Unjust enrichment theory • Alderson v. Alderson • Creating The Optimum Cohabitation Agreement • Prenuptial agreement • Same Sex Couple Faced Prosecution • Bowers v. Hardwick • Writ of certiorari © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 3 Living Together • Ethics Alert: • Would you admonish Susan? © 2006

Chapter 3 Living Together • Ethics Alert: • Would you admonish Susan? © 2006 Thomson Delmar Learning. All Right Reserved.