CALIFORNIA FAMILY LAW
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Unmarried Cohabitors
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Agreements Between Cohabitors
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Legal Theories
............Contract: Express
5 Cards On This Topic:
Express Ks between unmarried cohabitors are enforceable, except to extent K is 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.
Agreement by married person to care for other for her lifetime, in absence of cohabitation, not enforceable; furnishing sexual services an inseparable part of K.
In proceeding alleging existence of oral K, clear and convincing evidence required to overcome presumption of title, notwithstanding confidential relationship between parties.
If rendition of sexual services is inseparable part of consideration in express cohabitor's agreement, agreement not enforceable.