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Review

Review. Creating a Marriage: 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)

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Review

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  1. Review Creating a Marriage: • 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

  2. Maryland Bar Exam Question Facts: 1965 – Arnold & Bea have a valid marriage ceremony in Maryland 1975 – Arnold moves in with Caroline in D.C. 1980 – Bea & Darwin obtain license and have marriage ceremony before clerk in Maryland 1989 – Bea wins lottery and dies 1992 - Arnold & Caroline move back to Maryland 1993 - Arnold dies

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

  4. Roles and Responsibilities Within Marriage Part I

  5. Historical Context: Until mid 19th 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

  6. 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

  7. 1970’s Under ERA or Equal Protection Clause: support obligation gender neutral by statute or case law

  8. First Theory: Common Law Duty of Support

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

  10. Second Theory: Necessaries Doctrine

  11. 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)

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