My response:
It sounds as if you may have a good case for a "Palimony" (partnership Breach of Contract) lawsuit against him. You might recall, or heard about, the lawsuit between now deceased actor, Lee Marvin, and his live-in lover, Michelle Triola (Triola-Marvin), and the fact that she sued him for Breach of Contract (Palimony) when he told her to "get out!". This was the lawsuit that brought Palimony into real life focus in California, and is the "benchmark" case on the subject.
Termination of domestic partnership [NEW]
A domestic partnership is terminated when one of the following occurs [Fam C § 299(a)]:
(1). One partner gives or sends by certified mail, to the other partner, a written notice that he or she is terminating the partnership.
(2). One of the domestic partners dies.
(3). One of the domestic partners marries.
(4). The domestic partners no longer have a common residence.
On termination of a domestic partnership, at least one former partner must file a Notice of Termination of Domestic Partnership with the Secretary of State by certified mail and send a copy of the notice to the last known address of the other partner.[Fam C § 299(b)] The date on which the Secretary of State receives the Notice of Termination is the actual termination date of the domestic partnership unless the termination is caused by the death or marriage of one of the partners in which case the date of those events is the date of termination.[Fam C § 299(b)] Upon termination of the domestic partnership, the partners, from that time forward, do not incur any of the obligations to each other as domestic partners created under Fam C §§ 297 et seq.
Agreements between nonmarital partners are enforceable, unless they were entered into for the rendition of sexual services. [Marvin v Marvin (1976) 18 Cal 3d 660, 134 Cal Rptr 815, 557 P2d 106; see Friedman v. Friedman (1993, 1st Dist.) 20 Cal.App.4th 876, 24 Cal.Rptr.2d 892 (holding, in action seeking relief following termination of relationship in which couple had cohabited for 21 years, that evidence was insufficient to support finding of implied agreement to provide temporary spousal support)] However, even if sexual services are part of the contractual consideration, any severable portion of an agreement supported by independent consideration will still be enforced. [Whorton v Dillingham (1988, 4th Dist) 202 Cal App 3d 447, 248 Cal Rptr 405; for further discussion of consideration, see § 20:20]
In the absence of an express contract, the courts will inquire into the conduct of the parties to determine whether that conduct demonstrates an implied contract [CC §1621], agreement of partnership or joint venture, or some other tacit understanding between the parties. The courts may also employ the doctrine of quantum meruit, or equitable remedies such as constructive or resulting trusts, when warranted by the facts of the case. [Marvin v Marvin (1976) 18 Cal 3d 660, 134 Cal Rptr 815, 557 P2d 106]
Unmarried cohabitants can agree to [Marvin v Marvin (1976) 18 Cal 3d 660, 134 Cal Rptr 815, 557 P2d 106]:
(1). Pool their earnings and accumulate property according to community property laws;
(2). Keep each party’s earnings and property separate;
(3). Keep each party’s earnings and property separate, but compensate one party for services that benefit the other;
(4). Pool only part of their earnings or property;
(5). Form a partnership or joint venture;
(6). Hold property acquired as joint tenants or tenants in common;
(7). Establish "any other such arrangement;" and
(8). Support one of the parties during cohabitation (although posttermination support may not be available in the absence of a written agreement to that effect).
The only limitation on a nonmarital relationship agreement is that it cannot rest on a consideration of meretricious sexual services. [Marvin v Marvin (1976) 18 Cal 3d 660, 134 Cal Rptr 815, 557 P2d 106] Accordingly, in addition to the types of agreements or provisions expressly mentioned in Marvin, the parties can include any provisions that could otherwise be lawfully included in a contract, such as:
(1). Inheritance rights;
(2). The division of jointly acquired property in the event of termination of the relationship;
(3). Ratification or renegotiation of the agreement; and
(4). Child custody and support (within the limits of public policy).
Although other bases for relief, such as quantum meruit and other equitable remedies are available [Marvin v Marvin (1976) 18 Cal 3d 660, 134 Cal Rptr 815, 557 P2d 106], most litigation relating to nonmarital relationships is based on an alleged agreement between the parties. Like all civil contracts, the existence of such an agreement must be based on the four essential contract elements [CC §1550]:
(1). Parties capable of contracting;
(2). Their consent;
(3). A lawful object; and
(4). A sufficient cause or consideration.
Good luck to you.
IAAL
