CALIFORNIA FAMILY LAW
...Unmarried Cohabitors
......Agreements Between Cohabitors
.........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.