CALIFORNIA FAMILY LAW
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Unmarried Cohabitors
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Agreements Between Cohabitors
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Defenses
............Lack of Consideration
5 Cards On This Topic:
Express K between unmarried cohabitors are enforceable, except to extent that K explicitly founded on consideration of meretricious sexual services.
Implied Ks between unmarried cohabitors are enforceable, except to extent explicitly founded on consideration of meretricious sexual services.
If express K includes multiple types of consideration, including sexual services, but sexual services part of K is severable, balance of K will be enforced.
If rendition of sexual services is inseparable part of consideration in cohabitor's express agreement, agreement is unenforceable.
Evidence of 12 year cohabitation and acquisition of realty under nonspecific agreement justifies finding of implied K to divide property equally.