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Full-Text Articles in Law

Whose Fault Is It Anyway?: Analyzing The Role “Fault” Plays In The Division Of Premarital Property If Marriage Does Not Ensue, Arielle L. Murphy Apr 2015

Whose Fault Is It Anyway?: Analyzing The Role “Fault” Plays In The Division Of Premarital Property If Marriage Does Not Ensue, Arielle L. Murphy

Catholic University Law Review

Whenever an engagement comes to a premature end, the first question that seems to be asked is: “who gets the engagement ring?” This Comment seeks to answer this question. As societal views regarding marriage and a woman’s role within it began to change in the mid-twentieth century, courts started to recognize engagement rings as conditional gifts that were conditioned upon the marriage actually occurring. Even with this framework, states remain divided on whether fault should be included as part of the analysis in determining which party is entitled to the ring if an engagement ends before marriage occurs. This Comment …


The Property Rights Of Spouses Cohabiting Without Marriage In Israel - A Comparative Commentary, Menashe Shava Apr 2015

The Property Rights Of Spouses Cohabiting Without Marriage In Israel - A Comparative Commentary, Menashe Shava

Georgia Journal of International & Comparative Law

No abstract provided.


Why New Hampshire Should Permit Married Couples To Choose Community Property, Calvin Massey Jan 2015

Why New Hampshire Should Permit Married Couples To Choose Community Property, Calvin Massey

The University of New Hampshire Law Review

[Excerpt] “Two states, Alaska and Tennessee, offer married couples the choice of holding their property as separate or community property. Another nine states use community property as the default arrangement. Yet in each of those nine states a couple can opt out of community property rules by agreement. Only in the remaining thirty-nine states are married couples forced to accept separate property. There is no good reason for this condition to exist. This essay sets forth the advantages of offering married couples the choice of community or separate property and deals with some expected objections to this proposal. Section I …