FINAL Family Law Johnson summer 17 (2)

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Family Law – Prof. Johnson – Summer 2017 Page 1 of 5 UNIVERSITY OF BALTIMORE SCHOOL OF LAW FINAL EXAM COURSE COURSE NAME Family Law SECTION 716-512 and 716-512G PROFESSOR Margaret E. Johnson SEMESTER/YEAR Summer 2017 ACKNOWLEDGEMENT OF HONOR CODE By writing my blind grading number in the space below, I acknowledge that I have read and understand my obligations under the Law School Honor Code, and I affirmatively state that I will not engage in any conduct that is prohibited by the code. I also affirm that I have read the list of permitted materials below and affirm that I will not access any materials that are not explicitly listed below for this exam. My blind grading number is: __________ PERMITTED MATERIALS LENGTH OF EXAM 3 hours TYPE OF EXAM OPEN BOOK– ANY PRINTED MATERIALS ARE PERMITTED ADDITIONAL INSTRUCTIONS FROM PROFESSOR Handwriters : Please write single sided , double-spaced, and fill in your blind ID number on each blue book. The examination consists of four parts, each of which you need to complete. Each part’s corresponding percentage of your final examination raw score is listed below: Question 1: 20 points out of 100 total points for exam Question 2: 30 points out of 100 total points for exam Question 3: 35 points out of 100 total points for exam Question 4: 15 points out of 100 total points for exam Questions 1-4 are each based on a different fact pattern and have subparts. Please answer each and every subpart. Do not assume facts contrary to those stated. If you feel any additional facts or assumptions are necessary in answering any question, please state such additional facts or assumptions and why you believe they are necessary.

Family Law – Prof. Johnson – Summer 2017 Page 2 of 5 Good luck and have a wonderful rest of the summer! Question 1 (20 points) Harry and Wilma, who lived together in Washington, D.C., dated for six months before they decided to give each other bands to wear on their left hands and call each other husband and wife in public. They lived this way from January 2013-December 2014. In January 2015, Harry, dissatisfied with their relationship, decided to end it and moved away from Wilma to Baltimore City, Maryland. He bought a house, and got a new job in the City. He never spoke to Wilma again. Six months later, Harry met Sally at Turp's Sports Bar and they became inseparable thereafter. After a month of living together, they decided it was true love and decided to get married. They applied for a license and got a friend who was ordained through the Universal Church of Light to perform the wedding ceremony, which they held in Ocean City, MD on January 1, 2016. In February 2016, Sally discovered she was pregnant. On October 5, 2016, Sally found out that Harry had been spending many nights at the Horseshoe Casino in Baltimore City and had gambled away all of the money they had put in their joint savings account. Sally also found out that Harry owed a lot of money to friends from whom he had borrowed extra money. Sally moved out of the house and went to live with a friend in Rockville, Maryland. She stopped contacting Harry. Sally went into labor on November 25, 2016, and later that same day gave birth to a baby girl at the hospital. She listed herself as the only parent on the hospital paperwork. A. Are Harry and Sally validly married? Why or why not? (10 points) B. Is Harry the legal parent of the baby girl? Why or why not? (10 points)

Family Law – Prof. Johnson – Summer 2017 Page 3 of 5 Question 2 (30 points) Ellen and Portia began dating in 2007. In 2008, Ellen was injured in an accident and was awarded $500,000 for her injuries. Ellen invested the money in a money-market account titled in her name. In 2010, Ellen, who no longer worked because of her disability, and Portia, who has worked as a teacher for three years, got married. Ellen received a social security disability payment of $2,500 per month and Portia made $3,800 per month at her job. They deposited these monies in a joint checking and savings account opened after they were married. Six months after their marriage, they purchased a house for $400,000 using Ellen’s accident money to pay for it in full. The house was titled in Ellen’s name only. In 2012, the couple wanted to renovate the kitchen. They changed the ownership status of the house to tenants by the entireties, and Ellen and Portia borrowed together $20,000 as a home equity loan. They used the loan and $10,000 from their joint savings account to pay for the renovations. The monthly house payment on the home equity loan was made from their joint checking account. In 2017, Ellen and Portia decided to get a divorce. Portia filed for the divorce, and, in her complaint, listed the house and the checking and saving accounts as marital property subject to equitable distribution. You are the law clerk for the presiding judge. The judge asks you to present a memorandum addressing the following: A. What is the status of the house throughout the marriage as to marital or non-marital property and its final status at the time of the divorce? Also, does the home qualify as a family home? Explain fully. (15 points) B. For purposes of this question (2B), assume the house is marital property upon divorce. Discuss upon which factors the court will most heavily rely in determining how to equitably distribute the house and make a monetary award. Explain fully. (15 points)

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