CALIFORNIA FAMILY LAW
...Unmarried Cohabitors
......Agreements Between Cohabitors
.........Consideration/Validity
10 Cards On This Topic:
  • Express or implied Ks between unmarried cohabitors are enforceable, except to extent K is explicitly founded on consideration of meretricious sexual services.
  • New trial granted in Marvin-type case where trial court erred when it stated it had no legal authority to set aside jury verdict and that it could not overrule jury’s credibility determinations.
  • Unregistered domestic partner who is foreclosed from rights under DPA may still file Marvin action.
  • Cohabitation required for Marvin agreement need not be full time when it would defeat reasonable expectations of persons who may enjoy significant, stable relationship arising from cohabitation, albeit less than full time.
  • Agreement to share life and property and have children together does not constitute meretricious relationship so as to render agreement unenforceable.
  • Cohabitation generally necessary for enforceable palimony agreement between unmarried partners.
  • Summary adjudication of Marvin claims is error where triable issues of fact exist.
  • 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.
  • If rendition of sexual services is an inseparable part of consideration in cohabitor's agreement, agreement is not enforceable.
  • 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.