Cohabitation

Question 1

Cohabitation

Answer 1

The fact, state, condition, or practice of living together, especially as partners in life usually with the suggestion of sexual relations.

Question 2

K in cohabitation

Answer 2

Nonmarital partners may lawfully contract concerning the ownership of property acquired during the relationship.
Trutalli v. Meraviglia

Question 3

K in Non-marital relationship

Answer 3

A K b/w non-marital partners is unenforceable ONLY to the extent it explicitly rests upon the immoral and illicit consideration of meretricious sexual services.
The fact that a man and woman live together w/out marriage, and engage in sexual relations, does not in itself invalidate agreements b/w them relating to their earnings, property, or expenses.
Marvin v. Marvin

Question 4

Marvin v. Marvin, 557 P.2d 106 (Ca 1976)

Answer 4

Rule: One partner of cohabitation may seek to recover from the other under the same rights of action as other unmarried persons, including express K, implied K, and equitable theories.

Question 5

Meretricious Relationship

Answer 5

A stable, marriage-like relationship where both parties cohabit with knowledge that a lawful marriage between them does not exist. Factors include:

• continuous cohabitation
• duration of the relationship
• purpose of the relationship
• pooling of resources
• services for joint projects
• intent of the parties