Cochran v. Cochran - 89 Cal. App. 4th 283, 106 Cal. Rptr. 2d 899 (2001)

Rule:

Adults who voluntarily live together and engage in sexual relations are as competent as any other persons to contract respecting their earnings and property rights. So long as the agreement does not depend upon meretricious sexual relations for its consideration, or so long as that portion of the consideration may be severed from other proper forms of consideration, such agreements are enforceable.

Facts:

A series of appeals arose from two actions between appellant Patricia A. Cochran and respondent Johnnie L. Cochran, Jr. arising out of their long-term, nonmarital relationship. The first action was concerned with respondent's alleged breach of a supposed Marvin agreement to provide appellant with lifetime support. The second action included a cause of action seeking to rescind a 1983 property settlement agreement because the agreement was induced by fraud. Appellant sought review of judgments entered after the trial court sustained respondent's demurrers to her complaint for rescission of a property settlement. Appellant also appealed from the summary judgment entered for respondent on her breach of contract complaint. On appeal, the court reversed since the evidence was sufficient to raise a triable issue of fact that the parties had cohabitated.

Issue:

Was the evidence presented sufficiently proved that the parties cohabited?

Answer:

Yes.

Conclusion:

The judgment of dismissal on the fraud cross-complaint and the summary judgment on the complaint were reversed. Under the general rule, adults who voluntarily lived together and engaged in sexual relations were nonetheless as competent as any other persons to contract respecting their earnings and property rights. Evidence of the parties living together was sufficient to raise a triable issue of fact that they cohabited under Marvin. Also, assuming that cohabitation is required for the enforcement of such an agreement, the requirement is satisfied in appropriate cases by a cohabitation arrangement that is less than full-time. In this case, the parties had shared a long-term, stable, and significant relationship, and they lived together two to four days a week both before, and at the time they entered, their agreement.