Relationships

Question 1

Valid Marriage

Answer 1

1. Consent
2. Either 18 years old or court order + parental consent
3. Formal legal procedures: license, solemnization, and authentication

Question 2

Domestic Partnership

Answer 2

1. Intimate + committed relationship of mutual caring
2. Either same sex OR one partner is over 62 years old
3. Registration under CA Domestic Partner Rights + Responsibilities Act

Death: same rights as a surviving spouse.
Divorce: CP divided equally.

Question 3

Common Law Marriage

Answer 3

1. Abolished in CA
2. Valid common law marriages created in other jxns will be recognized under Full Faith + Credit
3. CP applies

Question 4

Void Marriages

Answer 4

Marriage never legally existed if:

1. Incest
2. Bigamy
3. Not lawfully contracted

Question 5

Voidable Marriages

Answer 5

Marriage can be annulled if:

1. Underage
2. Unsound mind
3. Fraud sufficient to defeat consent (e.g., concealed sterilization)
4. Force or duress
5. Incurable physical incapacity
6. Bigamy where the prior spouse is presumed dead

Question 6

Putative Spouse Doctrine

Answer 6

Innocent spouse protected from losing CP benefits in void/voidable marriage if she believed in good faith the marriage was valid.

SOP: totality of the circumstances

If both knew marriage was invalid: use estoppel for period during cohabitation.

Legal Spouse and Putative Spouse? Each get 1/4 of CP

Question 7

Unmarried Cohabitants

Answer 7

1. Distribution of property governed by K principles (during cohabitation)
2. Express K enforced unless consideration was sexual services
3. If no express K, court will examine conduct of parties for implied K or understanding

Note: if they get married, then contract law applies to pre-marriage and CP applies to post-marriage