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Living Together: Legal Protections and Relationship Dynamics

Exploring the rise of cohabitation, implications of divorce rates, legal agreements, and landmark cases affecting unmarried couples. Understand the reasons why couples choose to live together and the legal challenges they may face. Learn about new protections for cohabitating partners and the importance of creating solid legal contracts. Dive into the concept of palimony and unjust enrichment theory to protect individuals in cohabitating relationships. Discover the ethical considerations in advising unmarried couples.

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Living Together: Legal Protections and Relationship Dynamics

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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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