Non-married parties who live together who are in a sexual relationship are considered non-married cohabitants. The community presumption does not apply even if they planned to marry. Real or personal property acquired during cohabitation is treated according to contract law, thus courts have continued to enforce express contracts between non-marital partners except to the extent that such contracts are explicitly funded on consideration of sexual services.

If there is no express contract, a party may prove a contract implied by the behavior of the parties or an agreement of partnership or joint venture. Evidence that an implied contract exists when a party quits their job or decided to do household services in exchange for use of the other spouse’s income to support the parties. This type of agreement, therefore, allows the court to find an intent that there should be joint interests.