Review Creating a Marriage: 1)Ceremonial (ceremony and license), or Note: Validation Principle under Carabetta 2)Common Law Marriage (elements) Note: Need capacity for both (substantive reg. of marr.: age, gender, no bigamy, no incest) 3) Alternative theory for some benefits of marr: Putative Spouse Doctrine

Maryland Bar Exam Question Facts: 1965 – Arnold & Bea have a valid marriage ceremony in Maryland 1975 – Arnold moves in with Caroline in D.C – Bea & Darwin obtain license and have marriage ceremony before clerk in Maryland 1989 – Bea wins lottery and dies Arnold & Caroline move back to Maryland Arnold dies

Putative Spouse Doctrine Elements: Innocent party/good faith belief Ceremonial marriage Marriage -void or voidable All elements here?

Roles and Responsibilities Within Marriage Part I

Historical Context: Until mid 19 th century 1.Married woman No legal identity or right to contract or own property Husband became owner of all personal property and almost all right to real property 2.Husband’s obligation Support wife Held liable for any wrongs or debts incurred by wife

1850’s – 1890’s Married Women’s Property Acts – adopted in all states Gave wife (theoretical) right to own and manage property But gender-based support obligation continued – Husband owed Duty of Support to Wife

1970’s Under ERA or Equal Protection Clause: support obligation gender neutral by statute or case law

First Theory: Common Law Duty of Support

Doctrine of Non- Interference/Family Privacy: General Rule Against Interfering With Financial Arrangements of Parties in Intact Marriage Rationale?

Second Theory: Necessaries Doctrine

Doctrine of Necessaries Held Unconstitutional in Maryland – No Longer Part of Common Law Condore v. P.G. County, 289 Md. 516, 425 A.2d 1011 (1981)