Legal Effects of the Ongoing Marital Relationship

Question 1

What type of property ownership do most states have during marriage?

Answer 1

Separate property states

In separate property states, the spouse with title to property is the legal owner.

Question 2

In a separate property state, what happens when one spouse has title to a property?

Answer 2

The title-holding spouse is the sole legal owner

The other spouse cannot prevent the title-holding spouse from conveying property to a third party.

Question 3

True or False: A spouse can enforce the duty of support directly during marriage.

Answer 3

False

Courts generally do not intervene in marital support obligations during the marriage.

Question 4

What remedies do most states provide for non-support and desertion?

Answer 4

Civil remedies and criminal penalties

This allows the state to enforce family support obligations.

Question 5

What can creditors do regarding the duty of support?

Answer 5

Creditors may enforce the duty of support

For example, a spouse can hire help for necessities, and the other spouse may be liable to pay.

Question 6

Fill in the blank: The majority of states recognize a doctrine of __________.

Answer 6

necessaries

This doctrine relates to a spouse’s liability for obligations incurred by the other spouse.

Question 7

What are the three primary situations where a spouse may be liable for obligations incurred by the other spouse?

Answer 7

Agency theory, forcing the issue, medical expenses

Use “AFM” – Always For My spouse to recall:
• A – Agency Theory (one spouse acts with actual or apparent authority)
• F – Forcing the Issue (the non-incurring spouse benefits from the obligation)
• M – Medical Expenses (the doctrine of necessaries applies)

These situations determine liability for necessaries.

Question 8

In the example of Jody’s medical expenses, who can be held liable for the hospital bill?

Answer 8

Jordan, the spouse

Assuming Jordan has the money, they can be held liable for the medical necessity incurred by Jody.

Question 9

Some states impose what type of liability on spouses for debts or liabilities?

Answer 9

Primary liability on the spouse who incurred the debt, secondary liability on the other spouse

This means one spouse may be primarily responsible, while the other may be secondarily liable.