Section 29.18 Quantum Meruit

• Library: Family Law Deskbook and 2014 Supp

3. (§29.18) Quantum Meruit

Several Missouri cases involve claims to compensation
for the reasonable value of services rendered between unmarried cohabitants. Typically, these claims in quantum meruit have been made against a decedent’s estate by the surviving cohabitant. The overriding issue in these cases is whether the parties lived in a “family relationship.” If so, the services are presumed to be rendered gratuitously. A claimant may only overcome the presumption with proof of an express agreement or proof of mutual understanding and intention by and between the parties for compensation. Manning v. Driscoll’s Estate, 174 S.W.2d 921, 923 (Mo. App. E.D. 1943).

The courts’ definition of “family relationship[s]” does not depend on kinship or the existence of a meretricious relationship. Instead, it requires:

(1) a social status,

(2) a head of the family who has a right...