Judicial Enforcement of Cohabitation Agreements: A Signal to Purge Marriage from the Statute of Frauds

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Authors

Levin, Bruce
Spak, Michael

Issue Date

1979

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12

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INTRODUCTION|Enforcement of oral promises to marry or cohabit presents special problems of both a public and private nature. A further dilemma exists where, because of statute, promises of marriage may not be enforced, while some courts have recently moved toward enforcement of cohabitation agreements. The potential for varied treatment of the two areas poses a public policy question which should be resolved so as to prevent different results in what might be materially the same situation. This article will deal with the historical treatment of the two situations and present an overview of the present dilemma, with possible solutions...

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12 Creighton L. Rev. 499 (1978-1979)

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Creighton University School of Law

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