CALIFORNIA FAMILY LAW
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Unmarried Cohabitors
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Agreements Between Cohabitors
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Legal Theories
............Contract: Implied
6 Cards On This Topic:
Implied Ks between unmarried cohabitors are enforceable, except to extent explicitly founded on consideration of meretricious sexual services.
Evidence of 12 year cohabitation and acquisition of realty under nonspecific agreement justified finding of implied K to divide property equally.
Implied K by married person to care for other for her lifetime, in presence of inseparable condition for sexual relationship but in absence of cohabitation, not enforceable.
Cohabitation not necessary element to finding that unmarried persons have implied agreement to jointly purchase and share property.
In proceeding alleging existence of oral partnership, 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 implied cohabitor's agreement, agreement not enforceable.