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Gifts in contemplation of marriage
A conditional gift is made in consideration (or contemplation) of marriage when it is given by the donor indicating that the gift if subject to a conditoin subsequent
- Three Reqs.
- 1. Intent to transfer gift (was there a string attached)
- 2. Delivery
- 3. acceptance
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Marital agreements
- *Prenups are presumed valid in Pa (BOP on challenging party by CAC)
- *2 reqs:
- 1. voluntary
- 2. adequate financial disclosure to more vulnerable party
- *substantive FAIRNESS not analyzed if these 2 factors are satisfied
*Must be entered into freely by competent persons (knowledge of all rights not needed)
- *More likely to be inforced if disadvantaged party seeks counsel (but not a determining factor)
- Goal of prenup: to trump default marriage/ property rules
*Consideration: mutual promise to marry and waiver of rights
*DEFENSES: fraud, misrep and duress
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Marital agreements: Disclosure reqs
* Full & Fair disclosure: of financial circumstances of both parties in order to make a valid agreement:
1. all financial circs that materially bear on matter
2. rebuttable presumption of fairness if a clause in the K stating that there's been disclosure & parties waive any further inquiries
- * To assert lack of disclosure, challenging party must demonstrate:
- 1. not provided full and fair disclosure
2. disclosure wasn't waived
3. didn't have adequate knowledge of other's finances
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Legal impediments to marriage
- * Fundamental right, but states can reasonably regulate:
- 1. Nonage: under 18, no marriage w/out parental consent (under 16, courts must consent)
2. Consanguinity: marriage license not issued to blood relatives (parties related by marriage can marry)
3. Incapacity: need ability to form true consent (must understand std nature of marriage k- easy std)
3. Same sex: Not allowed in Pa, marriage defined as man and woman
4. Prior marriage still in force: marriage is void if a person has a living spouse
- *If there's an impediment to a marriage @ the time the marriage cermony, and impediment is removed, marriage can be validated later as long as:
- 1. impediment is removed & marriage continued w/ good belief
2. parties continue to live w/ each other as h/w
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Legal reqs for marriage: Cerimonial marriage
1. Marriage license
- 2. Solemnization (ceremony- vows to demonstrate intent to be married)
- -performed by justice of peace/ religious figure
- 3. Pa also recognizes "Self-Soleminizing" if obtained in advanced written authorization from crt and 2nd spouse (needs 2 other W's to affirm ceremony)
- 4. Proxy marriage: usually w/ military (an agent is requested to take place of person who cannot be physically present)
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Legal reqs for marriage: Common-law marriage
* Started in Jan 1, 2005: after this date, no more creation (but existing CL reconized)
*Pa will recognize CLMs created validly elsewhere
- *Reqs:
- 1. express intent (hard std- explicit expression to be presently married)
2. cohabitation (living together in a sexual relationship)
- 3. holding out (publically rep to be h/w)
- -look for: jt tax rtrns, bank accounts, title to docs
4. legal capacity (age, currently married, close blood)
* default is not married (BOP on person claiming CL)
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Rights of cohabitating unmarried partners
- 1. formal legal title on prop will control if separated (can be overcome)
- *Person challenging formal title can claim:
- 1. express ks that couple was co-owner (can be oral)
2. implied-in-fact (look @ behavior of parties, must be agmt)
3. unjust-enrichment
- *So argue:
- 1. unjust for unnamed title holder to be left w/ nothing
2. conversation
3. joint contribution
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Validity of Foreign (out of state) marriages
Any marriage that satisfies the reqs of the state unles violated strong public policy
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Annulment
*declaration that marriage never happend
1 Void (from inception): marriages prohibited on grounds of bigamy, consanguinity, lack of consent and homo are void (public policy)
- 2. Voidable: presumptively valid unless/until challenged (annulment obtained), grounds:
- a. nonage
- b. intoxication
- c. incurable impotence (unless known before marriage)
- d. fraud, duress, coercion (fraud must go to essense of marriage i.e ability to have sex or children)
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Spousal property rights during marriage: Title Generally
Spouse w/ title is legal owner of prop
*spouses may have JT
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Mutual support obligation
In Pa, any married person is obligated to support their spouse to the degree that they can do so
- *Necessaries Doctine: scope of duty covers only necessessaries (creditors must go after purchaser 1st, then if spouse doesn't pay, then go after non-debtor spouse), includes:
- 1. medical
- 2. housing
- 3. food
- 4. other living expenses
- *based on std living and ability to pay
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Protection from domestic abuse
*covers family members and sexual partners
- *Type of acts that trigger Abuse Act in Pa:
- 1. intentional causing bodily injury or sexual offense
- 2. causing another reasonable fear of imminent SBH (single act)
- 3. false imprisonment
4. physical/sexual abuse of a child
5. course of conduct that makes a R fear of bodily injury (serise of act)
- *Relief available: [last up to 3yrs]-(can be extended if more acts)
- 1. order to stop violence
- 2. stay away order
- 3. temp custody rights
- 4. temp economical right
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Marital presumption of legitimacy/paternity
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