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