UNWRITTEN AGREEMENTS
By K. Dean Kantaras and Maurice Q. Thurman
Cohabitation outside of marriage
is an ever-increasing trend in
the United States. During a
relationship, people often enter
into unwritten agreements regarding
finances or other important issues. These
agreements often are not in the form of a
legal contract. Therefore, what happens
to these agreements when a relationship
ends? Fortunately, one Florida court has
ruled that such unwritten agreements
are enforceable contracts for unmarried
cohabitants.
The case of Armao v. McKenney posed
the question of whether an oral agreement
between unmarried cohabitants is
enforceable under Florida law. 218 So. 3d
481 (Fla. 4th DCA 2017). The Armao case
involved two domestic partners, Anthony
Armao and Russell Turnbull, who were
involved in a 46-year relationship. During
their relationship, the couple entered into
an oral cohabitation agreement. They
agreed that they would live together
and take care of one another financially.
More specifically, they agreed that their
combined income would be used to pay
for their ongoing and future household
expenses. Therefore, the couple’s social
security checks were deposited into a joint
bank account. Their household expenses
were also paid from a joint bank account.
Additionally, checks that were payable to
both partners were deposited into Armao’s
trust account.
LAARWT
K. Dean Kantaras, Esq.
142 TAMPA BAY MAGAZINE | NOVEMBER/DECEMBER 2017
their funds and used the funds to support
each other financially. They also made joint
loans together and “created identical wills
and trusts, leaving everything to each
other.” Id.
Contracts, whether oral or written, are
legal instruments that can greatly influence
the outcome of a family separation or
divorce. Therefore, you may want to
consult with an attorney to assist you with
understanding your rights and obligations
with regard to the facts of your case. 9
EDITOR’S NOTE: K. Dean Kantaras has
been licensed to practice law in Florida for
more than 24 years. Mr. Kantaras is the
managing partner of K. Dean Kantaras,
P.A., a firm handling cases in family law and
immigration. Mr. Kantaras is board certified
in marital and family law by the Florida Bar,
a distinction held by less than 1 percent of
all attorneys licensed to practice in Florida.
He is “A” rated by Martindale-Hubbell, the
highest possible rating. He is a member of
the Supreme Court of the United States, the
United States Court of Appeals for the 11th
Circuit and Middle District, The Florida Bar,
and the Clearwater Bar Association. Maurice
Q. Thurman, Esq. is an associate attorney at
the firm. He is a member of the Florida Bar,
Clearwater Bar and Canakaris Inn of Court.
Their offices are located at 3531 Alternate 19,
Palm Harbor, 34638, (727) 781-0000 and 1930
East Bay Drive, Largo, 33771, (727) 544-0000,
kantaraslaw.com.
In November of 2013, Armao filed a
lawsuit against Turnbull. Armao’s lawsuit
sought to partition and sell their family
home, with Armao receiving one-half
of the sale proceeds. Armao also sought
credit for all expenses that he paid toward
their family home. The trial court ruled
that the family home would be sold, with
each person receiving one-half of the
sale proceeds. However, neither person
received additional credits for expenses
paid on the family home. The court
also awarded Turnbull one-half of the
couple’s combined assets. This is because
the couple’s assets had been comingled.
Additionally, their mortgage payments
and living expenses had been paid with
comingled funds.
Armao appealed the trial court’s ruling
to the Fourth District Court of Appeal. The
appeals court ruled that “Florida recognizes
oral cohabitation agreements between
unmarried parties.” Id. Additionally, the
court noted that the couple’s course of
conduct supported the existence of an oral
agreement. This is because Armao and
Turnbull had been involved in a long-term
relationship, during which they comingled