John Morley and Yair Listokin, ‘What Should You Owe Your Ex? A Survey of Attitudes About the Law of Married and Cohabiting Relationships’ (14 March 2026) (unpublished manuscript), available at SSRN. Law has mostly dealt with unmarried couples by adopting a wait-and-see approach. Rather than states passing legislation ex ante, courts address issues that arise ex post. Among the most commonly litigated questions is property ownership – where courts are asked to sort out who owns what and who owes what to whom. While much scholarship has considered how law should distribute such property, there is precious little information on what cohabitants themselves want. John Morley and Yair Listokin’s article, ‘What Should You Owe Your Ex? A Survey of Attitudes About the Law of Married and Cohabiting Relationships’, provides a timely and important intervention, offering an empirical assessment of what cohabiting couples, as compared to married couples, desire when their relationship ends … (more)
[Albertina Antognini, JOTWELL, 1 June 2026]
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