CHAPTER 1 Disputes Between Unmarried People

• Jurisdiction: United States
• Publication year: 2021

CHAPTER 1 Disputes Between Unmarried People

Chapter Contents

§ 1.01 Introduction

§ 1.02 Disputes Between Cohabitants

[1] The Traditional View
[2] Severability
[3] Selective Illegality
[4] The Rejection of the Illegality Rule
[5] Continued Acceptance of the Illegality Rule in Some States
[6] Theories of Recovery in Cohabitants' Disputes

[a] Express Contract
[b] Implied Contract
[c] Resulting Trust
[d] Constructive Trust
[e] Express Trust
[f] Implied or Express Partnership
[g] Equitable Lien
[h] Loan
[i] Unjust Enrichment
[j] Intentional Interference with Expectation of Inheritance
[k] Joint Venture
[l] Other Equitable Remedies
[m] Accounting
[n] Summary

[7] De Facto Marriage
[8] Consideration by a Divorce Court of Property Accumulated During Premarital Cohabitation
[9] Non-Property Cohabitation Contract Provisions
[10] Cohabitants Treated as Spouses in Certain Instances
[11] Cohabitants Who Purchase Property Jointly
[12] Other Public Policy Issues
[13]

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