Section 29.3 Traditional Views

• Library: Family Law Deskbook and 2014 Supp

A. (§29.3) Traditional Views

Historically, a majority of courts denied any claims between unmarried cohabitants. The relevant decisions relied on interpretations of legislative intent and numerous public policy arguments. Some courts have concluded that these claims are precluded because of legislative renunciation of common-law marriage and of actions for breach of a contract to marry. In other decisions, agreements were declared void as against a legitimate public policy to discourage unmarried sexual...