Throuples and Family Law

Authors

Philip de Sa e Silva

Abstract

As throuples and other forms of polyamorous relationships gain visibility and acceptance, courts will have to confront the legal issues that will likely arise when a throuple forms and when it dissolves. How should courts determine child custody for three equally situated parents? How should courts divide assets among three people who have cohabitated in a marriage-like relationship? This Note describes some of the legal problems throuples are most likely to encounter, especially regarding child custody and division of assets. This Note outlines some of the ideal solutions to these problems, such as forming contracts with the help of an attorney. Lastly, this Note argues that courts should expand family law doctrines for unmarried cohabitants to include throuples as well.

Volume

108

Issue

3

Page Number

1559

Recommended Citation

Philip de Sa e Silva, Throuples and Family Law, 108 Minn. L. Rev. 1559 (2024).
Available at: https://scholarship.law.umn.edu/minnlrev/vol108/iss3/6