Cohabitation

Question 1

What does CA apply to persons who never evidence intent to enter into lawful marriage (unmarried cohabitants)?

Answer 1

General contract principles

Question 2

What does Marvin v. Marvin state for property acquired during cohabitation?

Answer 2

Express courts should be enforced between non-marital partners UNLESS the contracts are based on consideration of sexual services.

Question 3

When is tracing used?

Answer 3

To determine character of the property, court will trace back to the source of funds used to acquire the property.