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CHAPTER 3 LIVING TOGETHER

CHAPTER 3 LIVING TOGETHER. Chapter 3. Living Together. 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.

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CHAPTER 3 LIVING TOGETHER

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  1. CHAPTER 3LIVING TOGETHER

  2. Chapter 3 Living Together • 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

  3. Chapter 3 Living Together • Preventing Cohabitation Disaster – JD’s advice • Reviewing the cohabitation agreement • Cohabitation contract makes good sense • Addendum

  4. Chapter 3 Living Together • 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

  5. Chapter 3 Living Together • Why Are Couples Living Together? • Avoid divorce • Keep alimony from previous marriage • Disabled citizens receiving benefits • Citizens receiving public assistance

  6. Chapter 3 Living Together • Why is Granny Living With Her Boyfriend? • Unmarried opposite sex couples age 65 and older rose 73% from 1990-1999 • 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

  7. Chapter 3 Living Together • 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

  8. Chapter 3 Living Together • Landmark Cohabitation Case: Palimony Added To Dictionary • Read Marvin v Marvin • Palimony • Implied contract • Express contract • Equitable remedy

  9. Chapter 3 Living Together • 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

  10. Chapter 3 Living Together • Cohabitating Couples Must Create Their Own Legal Protections • Equitable doctrines

  11. Chapter 3 Living Together • Contract Law To The Rescue • Stipulation • Duress • Estoppel • Affirmative defenses • Amended complaint • Bifurcated • Without prejudice

  12. Chapter 3 Living Together • 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

  13. Chapter 3 Living Together • Ethics Alert: • Would you admonish Susan?

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