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

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Living Together Chapter 3

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

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Living Together Chapter 3

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

© 2006 Thomson Delmar Learning. All Right Reserved. Why is Granny Living With Her Boyfriend? Unmarried opposite sex couples age 65 and older rose 73% from 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 Living Together Chapter 3

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Living Together Chapter 3

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

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Living Together Chapter 3

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

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

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Living Together Chapter 3

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