Marriage gives the husband control over the wife's sexual services, labor, and/or property; gives the wife control over the husband's sexual services, labor, and/or property.
If one side withholds sex would that be a breach of contract?
Would such a breach of contract justify the other party to withhold any income received from their labor, and/or property?
2007-10-04 07:37:37 · 23 answers · asked by snack_daddy10 6 in Family & Relationships ➔ Marriage & Divorce
http://en.wikipedia.org/wiki/Marriage
2007-10-04 07:55:55 · update #1
So if one has the right to make the choice to with hold sex, then the other also has the right to make the choice to with hold money. If may be a cause and effect situation, but it doesn't change their right to make the choice to do it.
2007-10-04 11:01:14 · update #2
you didn't specify what state or country you're from. In California, we live in a no-fault state and someone withholding sex is not grounds for breach of contract because you can't make a contract based on illicit acts such as sex. It's against public policy to do so in California (for more, read the California supreme Court case, Marvin v. Marvin). Some other states have different policies so sex or lack thereof can be grounds for divorce. Whether it can justify you withholding income, labor or property I don't think is something that you need legal authority for. If she doesn't want to have sex with you, that was her choice. If you don't want to give her money, that's your choice. It may lead to a divorce but it's not illegal per se. Unless of course you live in one of the 11 community property states in the U.S.
2007-10-04 07:55:42 · answer #1 · answered by mrtcrownaffair 3 · 4⤊ 1⤋
It sounds like you are in a bad marriage or with such an attitude will never be married.
After 21 years I love my husband too much to "withhold" sex for any reason and he feels the same.
If we have a problem we talk it out... this is called communication.
Also, we don't control anything about each other. Actually we still have separate bank accounts. Each others name is on the others account but we never get into the others money without first asking. We have an agreement on which bills we each pay and it works well for us.
The only time property comes into issue is upon the death of one of us or divorce.... I don't foresee that.
Withholding sex???? This is pretty childish and who is getting hurt the withholder or withholdee?
2007-10-04 08:01:59 · answer #2 · answered by grannyzattic 4 · 0⤊ 0⤋
"Marriage gives the husband control over the wife's sexual services, labor, and/or property; gives the wife control over the husband's sexual services, labor, and/or property" No it doesn't. Marriage binds a couple together in matrimony as partners. If one withholds sex that would be a CHOICE that partner has the RIGHT to make
2007-10-04 10:15:22 · answer #3 · answered by Anonymous · 0⤊ 0⤋
lol Yes withholding sex is a breach of marital contract and is grounds to terminate the marital contract. Simply meaning you can file for divorce b/c of it. You however can not withold income received from their labor, and/or property. You can also sue a third party if they are the cause sex is unable to be provided to you. It's called loss of consortium and can be brought by a man or woman.
2007-10-04 07:56:30 · answer #4 · answered by Cindy 3 · 1⤊ 0⤋
I think you would have to look at the contract and see how these things are spelled out. Did you both sign the contract, did it address the remedies available to the other party if their was a breach or does it state the contract is null and void if there is a breach? Does it spell out what constitutes a breach? I think you need to read the contract in detail as that would be the governing document and should clearly answer your questions.
2007-10-04 07:53:07 · answer #5 · answered by K K 5 · 1⤊ 0⤋
withholding sex is grounds for divorce if it is determined to be excessive or punitive, but the divorce would be incompatibility.
If she doesn't feel like it sometimes that is not grounds. Everyone has a right to control their own body.
Marraige, by the way doesn't really give you control over someones sexual 'services' noe labor nor anything else. People belong to themselves and choose to share. No one is chattel or property.
2007-10-04 07:46:08 · answer #6 · answered by rumbler_12 7 · 2⤊ 0⤋
This kind of sounds like a relationship one would have with a prostitute. She doesn't give you sex so you don't pay her.
I think of marriage a little differently, so I guess I don't see it the way you do. I come from the perspective of unconditional love. But if that's how you see your marriage then yeah, go ahead and withhold anything you want. Don't think that will be good in the long run, though.
2007-10-04 07:44:15 · answer #7 · answered by Anonymous · 3⤊ 0⤋
The terms you are referring to are a biblical passage and are not included in most marriage contracts although it is certainly assumed. Unless those terms are specifically spelled out in a couple's vows, the only recourse you have is to file for divorce based on alienation of affection. But the dividing of property and money is not affected by the reason you file, at least not in Ohio.
**By the way, don't expect intelligent answers from people who are married but don't even know they have a contract. :)
2007-10-04 07:49:55 · answer #8 · answered by meagain 4 · 1⤊ 0⤋
what the hell are you talking about? No one should have 'control' in a marriage. It is a unity; you are a team and should act that way. Control is horrible and no where does it state that. Grow up and start acting like an adult. Have respect for each other, and if one side is withholding sex, you need to be mature enough to talk it out. Now take your control and stick it.
2016-04-07 03:58:04 · answer #9 · answered by ? 4 · 0⤊ 0⤋
You sound like a jerk. Marriage is about listening to each other and making each other happy, not withholding things when the other doesn't want to do something.
Why don't you find out why your wife doesn't want to sleep with you, and help her feel better so she does again. Stop playing head games!
2007-10-04 07:52:09 · answer #10 · answered by rorybuns 5 · 0⤊ 0⤋