Am I entitled to any financial compensation since my cohabitant ended our relationship?
Full Question:
Answer:
A minority of states continue to recognize common law, or informal, marriages. Many states only recognize common law marriages entered into prior to a certain date, but all states will recognize the validity of a common law marriage if it is recognized in the state where the parties reside, agreed to be married, and hold themselves out as husband and wife. Common law marriage allows persons who live together as man and wife for a significant time and with the intent of having an exclusive relationship akin to a marriage to have the legal rights of formally married persons, including rights related to insurance and other benefits, property distribution on dissolution of the marriage, and distribution of property upon the death of one spouse. For a common law marriage to achieve validity as a marriage, the couple generally must agree to enter into a martial arrangement, must cohabit with one another, and must hold themselves out as husband and wife to others. California does not recognize common law marriages. Proof that the marriage exists is often the most difficult aspect of a common law marriage, and this issue often arises after the relationship has ended either in death or divorce. For example, the question of whether a common law marriage exists may arise after one of the partners in a relationship dies and the other seeks to prove that the partners were informally married to receive property through the other partner's estate. Similarly, when a relationship ends, a partner may seek to prove that an informal marriage exists in order to seek property distribution under marital or community property laws. Many California cities and counties, however, extend benefits to domestic partners. Iowa does recognize common law marriage.
Generally, unmarried cohabitants do not enjoy the same rights as married individuals, particularly with respect to property acquired during a relationship. Marital property laws and other family laws related to marriage do not apply to unmarried couples, even in long-term relationships. The characterization of property acquired by unmarried cohabitants is less clear than that of married couples whose ownership of property is governed by marital and community property laws. Some property acquired by unmarried couples may be owned jointly, but it may be difficult to divide such property when the relationship ends.
Cohabitation alone does not create any type of support obligation between the parties, but such obligation may come from cohabitation agreements. Unmarried cohabitants can provide rights to one another that are analogous to rights granted to married couples by entering into a contract or contracts with one another. The majority of states now recognize these agreements, though many require that the agreement be in writing. Only a small number of recent cases have held that contracts between unmarried cohabitants are unenforceable. When an agreement expressly includes consideration of sexual services provided by one of the parties, a court is more likely to find the contract unenforceable. For example, if one partner agrees to share his or her income in return for the other partner's love and companionship, a court may find that the contract implicates meretricious sexual activity and refuses to enforce the contract. Proving an oral agreement or an implied contract between unmarried cohabitants is also difficult, and several courts have refused to recognize such an agreement due to lack of proof.
Some states, municipalities, and private employers recognize domestic relations rights, provide a registry and/or extend benefits to registered "domestic partners." The greatest benefit in registering as domestic partners is that each partner enjoys insurance coverage, family leave, and retirement benefits similar to married couples, though these rights are considerably more restricted than rights afforded to married couples. These rights are not generally recognized outside the jurisdiction that permits registration of domestic partners. Unmarried cohabitants should check with the state and local laws in their jurisdictions to determine what rights may be available to them.
Contracts are agreements that are legally enforceable. A contract is an agreement between two parties that creates an obligation to do or refrain from doing a particular thing. The purpose of a contract is to establish the terms of the agreement by which the parties have fixed their rights and duties. An oral contract is an agreement made with spoken words and either no writing or only partially written. An oral contract may generally be enforced the same as a written agreement. However, it is much more difficult with an oral contract to prove its existence or the terms. Oral contracts also usually have a shorter time period within which a person seeking to enforce their contract right must sue. A written contract generally provides a longer time to sue than for breach of an oral contract. Contracts are mainly governed by state statutory and common (judge-made) law and private law. Private law generally refers to the terms of the agreement between the parties, as parties have freedom to override many state law requirements regarding formalities of contracts. Each state has developed its own common law of contracts, which consists of a body of jurisprudence developed over time by trial and appellate courts on a case-by-case basis.
An unjustifiable failure to perform all or some part of a contractual duty is a breach of contract. A legal action for breach of contract arises when at least one party's performance does not live up to the terms of the contract and causes the other party to suffer economic damage or other types of measurable injury.
A lawsuit for breach of contract is a civil action and the remedies awarded are designed to place the injured party in the position they would be in if not for the breach. Remedies for contractual breaches are not designed to punish the breaching party. The five basic remedies for breach of contract include the following: money damages, restitution, rescission, reformation, and specific performance. A money damage award includes a sum of money that is given as compensation for financial losses caused by a breach of contract. Parties injured by a breach are entitled to the benefit of the bargain they entered, or the net gain that would have accrued but for the breach. The type of breach governs the extent of damages that may be recovered. Restitution is a remedy designed to restore the injured party to the position occupied prior to the formation of the contract. Parties seeking restitution may not request to be compensated for lost profits or other earnings caused by a breach. Instead, restitution aims at returning to the plaintiff any money or property given to the defendant under the contract. Plaintiffs typically seek restitution when contracts they have entered are voided by courts due to a defendant's incompetence or incapacity. Rescission is the name for the remedy that terminates the contractual duties of both parties, while reformation is the name for the remedy that allows courts to change the substance of a contract to correct inequities that were suffered. In order to have a rescission, both parties to the contract must be placed in the position they occupied before the contract was made. Courts have held that a party may rescind a contract for fraud, incapacity, duress, undue influence, material breach in performance of a promise, or mistake, among other grounds. Specific performance is an equitable remedy that compels one party to perform, as nearly as practicable, his or her duties specified by the contract. Specific performance is available only when money damages are inadequate to compensate the plaintiff for the breach
Promissory estoppel is a term used in contract law that applies where, although there may not otherwise be an enforceable contract, because one party has relied on the promise of the other, it would be unfair not to enforce the agreement. Promissory estoppel arises from a promise which the promisor should reasonably expect to induce action or forebearance of a definite and substantial character on the part of the promisee and which does induce such action or forebearance in binding if injustice can be avoided only by enforcement of the promise. Detrimental reliance is a term commonly used to force another to perform their obligations under a contract, using the theory of promissory estoppel. Promissory estoppel may apply when a promise was made; reliance on the promise was reasonable or foreseeable; there was actual and reasonable reliance on the promise; the reliance was detrimental; and injustice can only be prevented by enforcing the promise. Detrimental reliance must be shown to involve reliance that is reasonable, which is a determination made on an individual case-by-case basis, taking all factors into consideration. Detrimental means that some type of harm is suffered. Reasonable reliance is usually referred to as a theory of recovery in contract law. It was what a prudent person might believe and act upon based on something told by another. Sometimes a person acts in reliance on the promise of a profit or other benefit, only to learn that the statements or promises were either incorrect or were exaggerated. The one who acted to their detriment in reasonable reliance may recover damages for the costs of his/her actions or demand performance. Reasonable reliance connotes the use of the standard of ordinary and average person.
The following are California statutes:
§ 300 Fam.
(a) Marriage is a personal relation arising out of a civil contract
between a man and a woman, to which the consent of the parties capable
of making that contract is necessary. Consent alone does not constitute
marriage. Consent must be followed by the issuance of a license and
solemnization as authorized by this division, except as provided by
Section 425 and Part 4 (commencing with Section 500).
(b) For purposes of this part, the document issued by the county clerk
is a marriage license until it is registered with the county recorder, at
which time the license becomes a marriage certificate.
§ 306 Fam.
Except as provided in Section 307, a marriage shall be licensed,
solemnized, and authenticated, and the authenticated marriage license
shall be returned to the county recorder of the county where the marriage
license was issued, as provided in this part. Noncompliance with this
part by a nonparty to the marriage does not invalidate the marriage.
§ 308 Fam.
A marriage contracted outside this state that would be valid by the
laws of the jurisdiction in which the marriage was contracted is valid in
this state.
§ 309 Fam.
If either party to a marriage denies the marriage, or refuses to join
in a declaration of the marriage, the other party may proceed, by action
pursuant to Section 103450 of the Health and Safety Code, to have the
validity of the marriage determined and declared.
§ 420 Fam.
(a) No particular form for the ceremony of marriage is required for
solemnization of the marriage, but the parties shall declare, in the
physical presence of the person solemnizing the marriage and necessary
witnesses, that they take each other as husband and wife.
(b) Notwithstanding subdivision (a), a member of the Armed Forces
of the United States who is stationed overseas and serving in a conflict
or a war and is unable to appear for the licensure and solemnization of the
marriage may enter into that marriage by the appearance of an attorney in
fact, commissioned and empowered in writing for that purpose through a
power of attorney. The attorney in fact must personally appear at the
county clerk's office with the party who is not stationed overseas, and
present the original power of attorney duly signed by the party stationed
overseas and acknowledged by a notary or witnessed by two officers of the
United States Armed Forces. Copies in any form, including by facsimile,
are not acceptable. The power of attorney shall state the full given
names at birth, or by court order, of the parties to be married, and that
the power of attorney is solely for the purpose of authorizing the
attorney in fact to obtain a marriage license on the person's behalf and
participate in the solemnization of the marriage. The original power
of attorney shall be a part of the marriage certificate upon registration.
(c) No contract of marriage, if otherwise duly made, shall be
invalidated for want of conformity to the requirements of any religious
sect.
§ 500 Fam.
When an unmarried man and an unmarried woman, not minors, have been
living together as husband and wife, they may be married pursuant to
this chapter by a person authorized to solemnize a marriage under
Chapter 1 (commencing with Section 400) of Part 3, without the
necessity of first obtaining health certificates.
§ 1624 Civ.
(a) The following contracts are invalid, unless they, or some note
or memorandum thereof, are in writing and subscribed by the party to be
charged or by the party's agent:
(1) An agreement that by its terms is not to be performed within a year
from the making thereof.
(2) A special promise to answer for the debt, default, or miscarriage
of another, except in the cases provided for in Section 2794.
(3) An agreement for the leasing for a longer period than one year,
or for the sale of real property, or of an interest therein; such an
agreement, if made by an agent of the party sought to be charged, is
invalid, unless the authority of the agent is in writing, subscribed by
the party sought to be charged.
(4) An agreement authorizing or employing an agent, broker, or any
other person to purchase or sell real estate, or to lease real estate for
a longer period than one year, or to procure, introduce, or find a
purchaser or seller of real estate or a lessee or lessor of real estate
where the lease is for a longer period than one year, for compensation
or a commission.
(5) An agreement that by its terms is not to be performed during the
lifetime of the promisor.
(6) An agreement by a purchaser of real property to pay an indebtedness
secured by a mortgage or deed of trust upon the property purchased,
unless assumption of the indebtedness by the purchaser is specifically
provided for in the conveyance of the property.
(7) A contract, promise, undertaking, or commitment to loan money or to
grant or extend credit, in an amount greater than one hundred thousand
dollars ($100,000), not primarily for personal, family, or household
purposes, made by a person engaged in the business of lending or arranging
for the lending of money or extending credit. For purposes of this
section, a contract, promise, undertaking or commitment to loan money
secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal, family, or household purposes.
(b) Notwithstanding paragraph (1) of subdivision (a):
(1) An agreement or contract that is valid in other respects and is
otherwise enforceable is not invalid for lack of a note, memorandum,
or other writing and is enforceable by way of action or defense, provided
that the agreement or contract is a qualified financial contract as
defined in paragraph (2) and (A) there is, as provided in paragraph (3),
sufficient evidence to indicate that a contract has been made or (B) the
parties thereto by means of a prior or subsequent written contract, have
agreed to be bound by the terms of the qualified financial contract from
the time they reached agreement (by telephone, by exchange of electronic
messages, or otherwise) on those terms.
(2) For purposes of this subdivision, a "qualified financial contract"
means an agreement as to which each party thereto is other than a natural
person and that is any of the following:
(A) For the purchase and sale of foreign exchange, foreign currency,
bullion, coin or precious metals on a forward, spot, next-day value
or other basis.
(B) A contract (other than a contract for the purchase of a commodity
for future delivery on, or subject to the rules of, a contract market
or board of trade) for the purchase, sale, or transfer of any commodity
or any similar good, article, service, right, or interest that is presently
or in the future becomes the subject of a dealing in the forward contract
trade, or any product or byproduct thereof, with a maturity date more
than two days after the date the contract is entered into.
(C) For the purchase and sale of currency, or interbank deposits
denominated in United States dollars.
(D) For a currency option, currency swap, or cross-currency rate swap.
.(E) For a commodity swap or a commodity option (other than an option
contract traded on, or subject to the rules of a contract market or board
of trade)
(F) For a rate swap, basis swap, forward rate transaction, or an
interest rate option.
(G) For a security-index swap or option, or a security or securities
price swap or option.
(H) An agreement that involves any other similar transaction relating
to a price or index (including, without limitation, any transaction
or agreement involving any combination of the foregoing, any cap, floor,
collar, or similar transaction with respect to a rate, commodity price,
commodity index, security or securities price, security index, other
price index, or loan price).
(I) An option with respect to any of the foregoing.
(3) There is sufficient evidence that a contract has been made in any
of the following circumstances:
(A) There is evidence of an electronic communication (including,
without limitation, the recording of a telephone call or the tangible
written text produced by computer retrieval), admissible in evidence
under the laws of this state, sufficient to indicate that in the
communication a contract was made between the parties.
(B) A confirmation in writing sufficient to indicate that a contract
has been made between the parties and sufficient against the sender is
received by the party against whom enforcement is sought no later than
the fifth business day after the contract is made (or any other period
of time that the parties may agree in writing) and the sender does not
receive, on or before the third business day after receipt (or the other
period of time that the parties may agree in writing), written objection
to a material term of the confirmation. For purposes of this
subparagraph, a confirmation or an objection thereto is received at the
time there has been an actual receipt by an individual responsible for
the transaction or, if earlier, at the time there has been constructive
receipt, which is the time actual receipt by that individual would have
occurred if the receiving party, as an organization, had exercised
reasonable diligence. For the purposes of this subparagraph, a "business
day" is a day on which both parties are open and transacting business
of the kind involved in that qualified financial contract that is the
subject of confirmation.
(C) The party against whom enforcement is sought admits in its
pleading, testimony, or otherwise in court that a contract was made.
(D) There is a note, memorandum, or other writing sufficient to
indicate that a contract has been made, signed by the party against whom
enforcement is sought or by its authorized agent or broker.
For purposes of this paragraph, evidence of an electronic communication
indicating the making in that communication of a contract, or a
confirmation, admission, note, memorandum, or writing is not insufficient
because it omits or incorrectly states one or more material terms agreed
upon, as long as the evidence provides a reasonable basis for concluding
that a contract was made.
(4) For purposes of this subdivision, the tangible written text
produced by telex, telefacsimile, computer retrieval, or other process by
which electronic signals are transmitted by telephone or otherwise shall
constitute a writing, and any symbol executed or adopted by a party with
the present intention to authenticate a writing shall constitute a
signing. The confirmation and notice of objection referred to in
subparagraph (B) of paragraph (3) may be communicated by means of telex,
telefacsimile, computer, or other similar process by which electronic
signals are transmitted by telephone or otherwise, provided that a party
claiming to have communicated in that manner shall, unless the parties
have otherwise agreed in writing, have the burden of establishing actual
or constructive receipt by the other party as set forth in
subparagraph (B) of paragraph (3).
(c) This section does not apply to leases subject to Division 10
(commencing with Section 10101) of the Commercial Code.
§ 1667 Civ.
That is not lawful which is:
1. Contrary to an express provision of law;
2. Contrary to the policy of express law, though not expressly
prohibited; or,
3. Otherwise contrary to good morals.
§ 1668 Civ.
All contracts which have for their object, directly or indirectly,
to exempt any one from responsibility for his own fraud, or willful
injury to the person or property of another, or violation of law,
whether willful or negligent, are against the policy of the law.
§ 1669.5 Civ.
(a) Any contract for the payment of money or other consideration to a
minor who has been alleged to be the victim of an unlawful sex act, or to
his or her legal representative, by the alleged perpetrator of that
unlawful sex act, or his or her legal representative, entered into on
or after the time of the alleged unlawful sex act, and providing for any
payments to be made more than one year after the date of the execution
of the contract, is void as contrary to public policy. A district attorney
may bring an action or intervene in any action to enjoin enforcement
of any contract which is in violation of this section.
(b) This section does not apply after the date of the final judgment in
a criminal case against the alleged perpetrator for the unlawful sex act
described in subdivision (a).
(c) This section does not apply to a contract for the payment of money
or other consideration made from a nonrevocable trust established for the
benefit of the minor if the alleged perpetrator has no direct or indirect
access to, or control over, the trust.
(d) This section does not apply to an alleged perpetrator of an
unlawful sex act against a minor to the extent he or she agrees to pay,
or is required by court order to pay, child support for that minor upon a
dissolution or legal separation.
(e) For purposes of this section, "unlawful sex act," means a felony
Sex offense committed against a minor.
(f) Notwithstanding subdivision (a), any contaract declared void as
contrary to public policy under this section may still be enforced by a
district attorney against the payor, and the proceeds thereof shall be
deposited in the State Children's Trust Fund pursuant to
Section 18969 of the Welfare and Institutions Code.
§ 1670.5 Civ.
(a) If the court as a matter of law finds the contract or any clause
of the contract to have been unconscionable at the time it was made the
court may refuse to enforce the contract, or it may enforce the remainder
of the contract without the unconscionable clause, or it may so limit the
application of any unconscionable clause as to avoid any unconscionable
result.
(b) When it is claimed or appears to the court that the contract or any
clause thereof may be unconscionable the parties shall be afforded a
reasonable opportunity to present evidence as to its commercial setting,
purpose, and effect to aid the court in making the determination.
The following are Iowa statutes:
595.1A Contract.
Marriage is a civil contract, requiring the consent of the parties
capable of entering into other contracts, except as herein otherwise
declared.
595.11 Nonstatutory solemnization — forfeiture.
Marriages solemnized, with the consent of parties, in any manner other
than that prescribed in this chapter, are valid; but the parties, and all
persons aiding or abetting them, shall pay to the treasurer of state for
deposit in the general fund of the state the sum of fifty dollars each; but
this shall not apply to the person conducting the marriage ceremony, if
within fifteen days after the ceremony is conducted, the person makes the
required return to the county registrar.
