CALIFORNIA FAMILY LAW
...Unmarried Cohabitors
......Agreements Between Cohabitors
.........Defenses
............Statutes of Limitations
14 Cards On This Topic:
  • Statute of limitations begins to run on causes of action between unmarried cohabitors when cause of action accrues.
  • Civil actions may be commenced only within time limits provided by statute.
  • Four year statute of limitations on written contract.
  • Two year statute of limitations on oral contract.
  • Three year statute of limitations on causes of action based on fraud.
  • Four year statute of limitations on causes of action based on constructive or resulting trust.
  • Quantum meruit allows recovery for value of beneficial services, not value by which someone benefits from those services; SOL begins to run with termination of P's services.
  • Marvin agreement breached when party charged with duty to perform refuses; if parties separated, but obligor performs per agreement, no breach, no accrued C/A, and SOL has not begun to run.
  • Statute of limitations on K (to cohabit and support) and fraud actions commences to run when cohabitation ceases.
  • Statute of limitations on oral agreement is 2 years, and commences to run from time of breach.
  • Statute of limitations on causes of action for constructive or resulting trust is 4 years.
  • Statute of limitations commences to run on violation of constructive or resulting trust, when beneficiary has notice of wrongful holding of property.
  • Subsequent marriage does not extinguish premarital Marvin rights.
  • Statute of limitations on unmarried cohabitor's agreement is 2 years and commences to run from time cohabitation ceases.