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LEGAL RIGHTS (continued from page 9)
joint tenancy is that the unhappy tenant can bring a court action to "partition" or "divide" the property if the parties want to end the relationship and terminate the tenancy.
3. Dissolving the Relationship
In the event that two lovers end their relationship, the question is often asked whether an unmarried partner should have rights in the property of the other party, and whether such rights are enforceable in a court of law. This problem usually occurs when the property is in only one lover's name. In order to avoid this, one can make sure that both names are on the title to the property. This can be done by acquir ing a deed to the property. Furthermore, such a deed would indicate that each partner would have an equal claim to the property.
It is a good idea for lesbians to enter into written contracts before they decide to live together, share expenses and jointly own property. In the agreement or contract, the parties write down their financial obligations to each other, hoth during the relationship and when it dissolves. These financial obligations include the parties' domestic rights and duties toward each other.
If the contract is an "express agreement" in which two people write out what they want their financial obligations and domestic duties to be, and it can be shown that the parties have agreed to pool their properly and carnings and to share the ownership of the
property acquired during the relationship (especially if the property is in one partner's name), the court will give the partners what they had asked for under the terms of their agreement so long as such an agreement is fair, just, and reasonable. Courts, in many states have held that if a condition of the contract is the illegal living together itself, the contract is unenTorceable as against public policy. I the court finds that a legal contract exists, it will divide the property according to the agreement as written, or in a community property state (not Ohio), it will allow the party to recover one-half the accumulated earnings and property.
I the "express agreement" is made orally, the partner seeking the money or property under the contract will have a more difficult time proving to a court the existence of her rights to such money or property. In such a case, the partner must show that the agreement has been reinforced by the conduct of the parties during their relationship. In the much publicized Murvin case, the court held that "express contracts" between unmarried partners are enforceable unless the contract is explicitly based on sexual services. The Marvin decision narrowed the idea of illegality. Before Marvin, two unmarried people who lived together did so illegally; therefore, the contract was illegal.
-Chris Guarneri and Alexandria Ruden
FEMINISM AND LESBIANISM (continued from page 3)
stand in the way of the real message. We cannot expect others to listen to us if we are unwilling to listen to ourselves. To achieve that will require that our thinking go beyond superficial generalities.
How many lesbians, regardless of when or how they "came out," use an unconditional hatred of men as the basis of their politics and personal interacnons? They use their sexuality as a means by which to strike back at male society, and even heterosexual women. To their way of thinking, only a lesbian can be a feminist because heterosexuality is a compromise of true feminist thought.
As lesbians, as feminists, as women, we should not be directing our anger at each other. We need our anger-as a tool in the process of self-dicovery, political awareness and self-acceptance. In turn, we must use our self-acceptance as a basis for accepting our sisters--as they are.
We cannot afford to use hatred as the motivational force in our politics and interactions. We are worth more than that as individuals. Our strength must emanate from an ability to define ourselves in positive terms, not as an antithesis or counterstatement. We need to project a positive image reflective of our pride and joy. While we must not lose sight of our oppression or allow ourselves to be lulled into a false sense of security by personal circumstances, neither can we allow it to destroy our self-concept. If we are to combat the prejudice and fears of others and achieve a respect for our chosen life styles, we must be able to present a constructive view of ourselves. If we cannot see the positive aspects of our own lives, how can we expect others to view us in anything other than negative terms?
Meg Christian has written a song that asks. "Where do we go from here?" That is a question each of us must assess privately. No two answers will be alike. None of us can afford to sit in judgment ol the manner or size of another's contribution,
Whether we choose to "come out" or remain in the closet, or to invest our energies in the immediate community, there remains the question of those forces designed, through malicious intent, or as a result of our patriarchical traditions, to continue our subjugation as women and our oppression as lesbians. As a means of survival, we must develop our collective sense and actively challenge those forces.
We must recognize the need to gain power in the economic and political arenas 11 are ever achieve true equal status. By investing our energies in this direction, we can effectively strike back at some of the underlying causes of our frustrations and Inger.
Nor must we be content with personal solutions that benefit only one individual. Finding our own personal economic solution isn't enough. Our obliganon to our sisters does not end in the corporate boardroom. Those in prominent positions must use that as a base for furthering the cause of women's and lesbian rights and socio-economic advancement. The rest of us must also support them in their efforts. We must direct our energies, at all levels, toward the breaking down of archaic stereotypes and traditional roles, and set as a priority the re-ordering of social structures and systems which contribute to the subjugation of women culturally and economically. In our struggle against oppression, we musi remember that it is these institutions, not the individuals of which they are comprised, that are the real targets. We must also seek to retain a sense of compassion and integrity. To win the world" by the same tactics used to hold us down would be no vietory. We must find a way to triumph with those aspects of our natures that are uniquely ours. We must alter the marketplace to make room for more humanistic (Womanistic?) qualities and establish a demand for our particular areas of expertise.
For those of us who choose an active role as feminists, or take the gamble of visibility as lesbians. we need to maintain a respect and compassion for our "silent counterparts” —those women who cannot, or choose not to contribute their energies. Many women, including those in professions still intolerant ol "asocial behavior. behavior. cannot afford 10 be associated with any radical political or social element. They are caught between their desire to openly express their convictions and the economic necessity of keeping a low profile. Our anger and energies should be directed against those conditions in society which still force women to live a dual existence. As for the totally apolitical lesbians and women, they Too are victims of the system and they are sull our sisters. We are lighting low all of us
-Deb Adler
Page 12 'What She Wants June. 1979