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