CALIFORNIA FAMILY LAW
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Unmarried Cohabitors
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Agreements Between Cohabitors
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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.