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Understanding Marriage Law: From Ceremonial to Common Law and the Putative Spouse Doctrine

This review examines the various aspects of marriage law, including ceremonial marriage, common law elements, and the Putative Spouse Doctrine. It outlines the historical context of marriage responsibilities, including the evolution of women's rights and the husband's obligations under law. Legal developments from the 19th century to modern statutes demonstrate the transformation of marriage into a more equitable institution. Key cases and doctrines are explored, providing an in-depth understanding essential for legal studies and familial relations.

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Understanding Marriage Law: From Ceremonial to Common Law and the Putative Spouse Doctrine

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Presentation Transcript

  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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