Under a 1976 California Supreme Court decision known as Marvin v. Marvin 18 Cal.3d 660 [134 Cal.Rptr. 815, 557 P.2d 106], non-marital partners have the right to enforce expressed or implied agreements for support or property sharing in the event of a separation. Such a claim must be brought to court in a civil action.
Non-marital partners have the right to enforce expressed or implied agreements for support or property sharing in the event of a separation.
In a Palimony or Marvin Claim, a non-marital partner’s right to monetary support or property is dependent upon an expressed or implied contract, or some other fair and legal basis for the claim. It is possible to file a Marvin Claim, in addition to a divorce, if the couple lived together for an extended period of time or acquired many assets while living together prior to their marriage.
Some basic issues to consider in evaluating a Marvin Claim include:
1. How long did the parties live together?
2. Did one of the parties support the other?
3. Did both parties contribute towards the purchase of any property?
Specific issues to consider in evaluating a Marvin Claim include:
1. Did one of the parties perform valuable services for the other?
2. Did one of the parties perform valuable services for the other’s company or employer?
3. Did the two people work together to create or enhance anything of value?
4. Did the parties have any expressed or implied agreement regarding property sharing or support?
Each one of these issues should be considered carefully before filing a Marvin Claim, and the team at Bohm Wildish & Matsen can help you with any potential questions you may have along the way.