Cochran v. Cochran

106 Cal. Rptr. 2d 899 (2001)

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Nature of the Case

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Facts

M and F began their relationship in 1966, at a time when M was still married to his first wife. F later changed her surname to match M's. In 1973, the parties' son was born. M and F bought a house in North Hollywood. Title was eventually placed in both their names as joint tenants. M stayed with F and their son at the North Hollywood home from two to four nights a week. M held himself out to the world as F's husband. In 1978, M divorced his first wife. In 1983, F learned M was unfaithful. They signed a property settlement agreement. M quitclaimed all his interest in their North Hollywood house and to pay child support of $350 each month, to buy appellant a new car, to pay for construction of a swimming pool and to provide medical and dental insurance for their son. The agreement did not include a waiver or release of future or unknown claims. Shortly after signing the settlement agreement, M told F he wanted to keep things as they had been before. He also promised to care for her 'financially, emotionally and legally' for the rest of her life. F agreed to maintain their home and care for their son. Eventually, M and F lived as they had before. F wanted proof of M's fidelity before marriage. In 1985, M married his second wife. F worked for a company named Ipson. During those years, respondent helped pay for various expenses. He gave her cash and paid her bills as needed, including utilities and medical insurance. He twice provided her with new cars and sometimes paid for car repairs. M also gave her credit cards issued in either her name or M's, with M paying the charges she incurred. M paid child support and more. When F needed funds, he always provided funds as he promised. Canceled checks were provided as proof. F left her job at Ipson. M provided regular, monthly support checks for F. The total was between $3,500 and $4,000 each month. M also gave F cash, paid her credit card bills, car expenses, medical insurance, and cellular phone bills. M contends he agreed to do this at his son's request only until F got another job. M contends that the support agreement is unenforceable because they did not cohabitate, or live together. M got the judgment and F appealed.