As you read the first part of this article, you know that it is extremely difficult to establish a legal marriage under New York law. And then, if you wonder why the system abandoned the responsibility for problems related to the long-term living advocacy collapse, you are not alone. Why the courts and the legislature adopted this approach is puzzled considering that these relationships are more elaborate in modern society than before.
The answer may be disappointing. That is what lawyers and writers call the "judicial economy". This is the idea that as a matter of public policy, a specific litigation officer must be kept from the court. The critical argument is to open the gate of the flood gate, but some people cite the interest of the state to promote marriage. It is not clear that divorce cases are the majority of the courts. In most surveys, New York State is said to be as high as 50%. This means that the system is already overloaded. Therefore, inviting more litigation personnel to the system to cope with divorce-like rights is not necessarily attractive.
However, social and legal trends expanding the legal definition of terms such as "marriage" and "family" are rapidly accelerating. As these terms become more resilient, lawmakers will reconsider and initiate the enactment of laws to deal with the dilemma they encountered in resolving their daily relationships. Until then, people looking for a court for your guidance on non-maritime relationships probably need to look elsewhere.
One such place is alternative dispute settlement such as arbitration or arbitration. Or, you can plan the possibility of non-symbiotic relationship in advance. By entering a symbiosis agreement (a particularly wise option for those who acquire real estate and fortune wealth), in the absence of these options, legal for the problems encountered in the process of resolving your life advocacy relationship There is no possibility of a solution.
But please throw away your hands and read it before desperately obsolesating the legal system. There are specific circumstances under which the law provides answers. In the balance of this article, we summarize these situations and applicable legal concepts (mostly from torts or contract laws) and how such things are applied to your residence I will try to explain.
Contractual rights
The most basic legal concept that unmarried people living with interest in establishing legal rights or obligations can use is the contract law. However, its scope is strictly limited by the laws of New York. Under most circumstances, in order to force a contract, it is lowered in writing and "consideration" (one party provides something and the other receives some kind of benefit, such as payment of services provided, etc. It is necessary to support.
The court further insisted that the terms of such contract should be clear and clear. For example, in exchange for an equivalent share in other businesses, the court ruled that exchange of promises is an enforceable contract, if it was committed to provide domestic services and contributions as business partners. However, in exchange for the promise to introduce and promote others in society, a more general promise that she took care of important things in an accredited style was said to be inadequate. Also, please note that unlawful acts are invalid, unlike public policy.
The advantage of the contract law is usually available only to those who have concluded a contract and signed a written contract prior to dismantling. So, if you are involved or considering a symbiotic relationship already coexisting, you need to strictly consider reducing the relative rights and contract obligations. This document is similar to pre-marriage agreement, and may be called living-in agreement, co-residents consent form etc.
Certainly it may not be difficult, unpleasant, or wise to broach this topic with your important others. In addition, if you do not sign, you do not have the ability to guide your important other person to sign a co-residing agreement beyond not going through the wedding ceremony. But in other circumstances, for example buying and borrowing a common residence, moving together, may be useful as a motivation.
If you overcome these obstacles you will benefit from a clear blueprint at the time of separation. Another great advantage of the contract law is that it is equally available to homosexual living in spite of not all of the legal benefits of contractual agreement. This also applies to the balance of legal concepts described below.
Property rights
Assuming you do not have a valid written agreement, you need to look at a much less accurate set of legal principles for guidance. Most of these legal principles existed long ago since residential agreements were socially or legally authorized (in fact many common law reforms are taking place New York). Some of these concepts are applied to coexistence relationships.
Legal assumption
There are certain premises that may be guidelines in the process of dismantling your financials. Naturally, bank accounts jointly expressed with your related name are presumed to be 50 shared assets under applicable banking law, unless you agree with the opposite agreement. The same applies to other investment accounts such as securities, mutual funds, bonds, money market accounts and so on.
Collaborative names or jointly acquired assets that can not be divided in half, such as artwork, automobiles, real estate (see description below), are more problematic. You can agree to sell income and divide equally, but that course may not be practical for economic reasons.
Real estate split
If you jointly own real estate, it will probably be more difficult to judge relative rights when non-maritime relationships are resolved. Under the legal principle known as "parcel", the rights of the co-owner are determined not only by the ownership holding method but also by the relative financial contribution made by the title owner (both acquisition and maintenance of property) It will be. There is a lawyer specializing in specialized fields in this field.
Non-contractual rights
A more cumbersome type of real estate is an asset acquired through joint purchase or a joint effort, one of which currently owns exclusively or has exclusive rights. To legally deal with this type of asset, we need to rely on the theory of legal restoration derived from tort or contract law. Most of these legal concepts were developed with the idea of remedying the mistakes made by one member of the trust relationship with the other party. (Trust relationship is, by its nature, mutual trust Or broker - customer relationship, relationship between business partners, relationships between close relatives of unequal bargaining power). These legal concepts include partnership laws, contract laws, causes of torts, such as economic partnerships, explicit contracts, improper enrichment, indication of false falsehoods, constructive confidence and return of quantitative rewards included.
Economic partnership
One of the legal concepts applied to your residential relationship is the law related to business partnerships. The court calls the financial relationship between married parties "economic partnership". In the dispute case, to deny this estimate, we must present evidence that the parties are actually acting as separate economic units. So why can not the concept of economic partnership be applied to resolve non-maritime relationships?
Cases where this logic was accepted have been reported. One such example is McCall v. In the case of Frampton, suits bought by McCall and is known as the rock and roll business manager. , "Do you feel like me?" McCall suggested that the management service she had provided free to Mr. Frampton (formerly the type of service you were paying on the market) is eligible to reward her I was able to convince the court that I was composing what I should give, the share of the interests of the partnership).
Despite McCall's decision, high standards of legal proof are required to establish an economic partnership under the laws of New York. It is necessary to show that you and your precious person surely entered into a business relationship. And you have been working as a business partner in the process of your relationship. If this is your situation, we strongly encourage you to speak with a lawyer familiar with the partnership law.
Quantum prize refund
For reasons of action for quantum prize refunds, the problem to be solved is "Is the moving party giving monetary benefits to the illiquid party?" This typically involves housekeeping and home efforts, and in a more specific case it may include finance, government or other marketable services.
As suggested above, judges can not include sexual benefits called "distinctive" services. Another criterion is whether the contribution is "quantifiable" or properly characterized as "pillow talk". Advice from a bystander (or perhaps a bedroom) seems to be unattractive unless a living person who advises is a career counselor by the day. McCall's case is an example where Mr. McCall's past experience as a rock and roll manager was essential to the success of her argument.
Under the reported New York case, in order to make a case for quantum resource recovery we must prove the following: (a) sincere execution of service; (b) acceptance of opponent. (C) You had expectations of reward. (D) To prove the reasonable value of the service.
Constructive trust
In the cause of the cause of a constructive trust, the intermediary has to prove a secret or confidential relationship with the counterpart, and as a result the counterparty must be unjustly enriched. The court tells the cause of constructive credit as "equivalent equipment" which means what was designed to rectify inequality. An example of where the court applies this concept is to transfer money or property to another person based on a subjectively broken declaration or promise by a party in the position of a trust.
Unjust richness / misunderstanding of falsehood
The cause of behavior known as "unfair enrichment" is due to economic inequality to the party executed in a particular transaction. The related concept of "fraudulent misrepresentations" includes the same unfairness, but elements of fraud have been added. This means that the false representation in question must have induced the cheating party to take action to omit the substantial strike or to omit it.
Para monny
Finally, under the laws of New York there is no "paralymony". Again the concept of justice economy was the driving force. The concept of palimony is Marvin v. Marvin, 18 Cal. In 3,660 cases in California, decided in 1976 there was a non-maritime relationship between the legendary film actor / action hero, Lee Marvin and Michel Torola Marvin. In that case, the court granted Trola Marvin the right to prove that a contract between the parties concerning Mr. Marvin's interests and assets was signed between the parties. This case opened the way for recognition of arousal as a recognizable cause of behavior in California.
But on this side of the continent, the court has seen the problem quite different. In 1980, the New York Supreme Court of Morone v. Morone (50 NY 2 d 592) decided not to be regarded as a valid cause as a basis for public policy. As a result, Pallimon has been the cause of the disruption of behavior in New York since then.
Conclusion
Carefully, each of the above legal concepts is only applicable under special circumstances. Again, mentioning an interesting case of A vs. A may help bring this house. Husband and couple relations lacked formal sanctions on marriage, but they were naturally claimed to be traditional couple. After Mrs. Marriage cause of the lawsuit advanced under the above contract and tort law principle (including constructive trust, quantum utilitarianism, economic partnership, unjust enrichment and unjust enrichment) was rejected Illegal false representation (as described in Part 1 of this clause)).
I believe that in the face of the dismissal of Mr. A, it was a convincing and special situation that Mrs. Lady can prove. Specifically, when both parties developed a coexistence relationship, they did not show great financial success in later life from the late 20s to the early 30s. Mr. A still continued trading as a serviceman of the oil burner furnace and A's dental technician. But in the process of relationship, they built a successful business together. Mrs. Laddy was involved in product development and fulfilling the many functions necessary to build a business from scratch (sometimes it is physically difficult and dangerous like a cash deposit in the late night of the neighborhood Including work).
By the time of separation, they invested a large number of joint names, submitted a joint income tax declaration over the years, adopted a common real estate plan, and offered co-owned residential apartments. Its separation. During the year when they built substantial wealth, when Mrs. Mrs. served as the executive officer and secretary of the main business and expanded to possession and development of property, she added stocks of one or more corporate holding companies Issued.
Finally, but importantly, Mr. A was able to prove these facts. As Mr. A frequently does after wording begins, when Mr. A tries to obtain a specific document to prove her claim, the document no longer owns or does not possess it , The first place.
As a result, it was serious that there was a foresight to hold and copy hundreds of documents before the lawsuit began. As a result, she was armed with paper weapons to help her prove her claim.
So my last advice is not just to get you knowledge and knowledge about finance. Also, please pay close attention to collect documentary evidence. Otherwise, it is prohibited from the place where the document is kept, the document is not thrown away, hidden, shredded, or placed beyond the scope of legal proceedings You may.
Finally, Jennings v. The case of Hurt (described in Part I of this article) shows that you can not adjust the facts of the case to fit your claim. Jennings & # 39; due to legal marital reasons, the court modified her appeals for 3 common non-marriage litigation causes (constructive trust, breach of contract, bread of support promise) for common children Remedies, except for the right to receive child support.
Critically, the court will support any of the above legal theories and require specific actions and evidence of specific elements of a particular cause of action. This suggested a constructive trust that was kept inadequate as a legal issue and proposed a breach of contract cause because Jennings could not appeal to specific elements of the cause of action. It is not surprising that the court rejected the third proposed action cause (in light of Morone). This is considered a "wise" duty, essentially a promise to support Palestine's claim, ineffective for public policy.
Mr. Jennings' attorney lost at the court level that the judge was blinded by Mr. Hart's celebrities (even if he argued that the judge "loved" with Mr. Hurt)). However, aside from the problem of relative reliability, McCall and Mr. Frampton, Mr. McCall and Mr. Frampton that Mr. Jennings and Mr. Hurt's relation to monetary dependence is not compared with either Ms' s interdependence, It is a matter between A and A.
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