Unmarried cohabitants

Question 1

unmarried cohabitants

Answer 1

umarried couple living together

Question 2

unmarried cohabitants rights

Answer 2

generally none UNLESS common law marriage requirements satisfied

Question 3

ks between unmarried cohabitants

Answer 3

ks to share property or engage in other forms of economic sharing are valid

EXCEPT: sexual services is sole consideration (invalid)

Question 4

implied ks

Answer 4

can seek implied-in-fact k (formed by parties’ conduct) remedy

courts can construe as joint venture, constructive trust, or partnership

Question 5

division of property

Answer 5

court may grant equitable distribution of property based on rehabilitative alimony or one of the following theories:
1. resulting trust
2. constructive trust
3. quantum meruit

Question 6

resulting trust

Answer 6

party makes claim to property in another’s name
- seeking party must have paid money to acquire the property with intent to retain an ownership interest

Question 7

constructive trust

Answer 7

imposed to prevent a party from being unjustly enriched by obtaining title through wrongful conduct

Question 8

quantum meruit

Answer 8

recover in quasi-K for valuable services
-seeks another to pay fair market value of services rendered to avoid unjust enrichment