Rights & Responsibilities Among Spouses Flashcards

1
Q

Property

A

(1) Each spouse owns and controls his or her own property BUT in the event of divorce, TITLE will NOT be dispositive in the equitable division of property
(2) Generally, if spouses take title to real estate in their joint names, a TENANCY BY THE ENTIRETIES IS PRESUMED & therefore 1 spouse CANNOT convey or encumber the property w/out the consent of the other spouse

Support = Necessaries
Spousal Abuse Orders = Protective order

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2
Q

Tortious Interference w/Marriage

A

Alienation of Affection (Against 3rd Party mistress):
-Genuine love and affection between spouses who are validly married. ∆CAUSED it. Adultery is NOT req. (can be in law)

Criminal Conversation (Adultery having sex):
  -Marriage of the spouses and adultery between the ∆and the spouse during the marriage
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