Division of Property for Unmarried Couples Post-Separation in California
By Justin J. Lee, Esq.
It is common knowledge that California is a community property state.
In community property states, spouses jointly own nearly all assets and debts acquired in marriage. Generally speaking, community property encompasses assets earned or acquired by one or both spouses during the marriage while they lived in the community property state, as well as debt taken on by either spouse during the marriage. But what about the division of property for unmarried couples? In this month’s newsletter, Justin J. Lee, Esq., explains what this scenario could look like.
What is a Marvin Claim?
A Marvin claim is a type of claim an unmarried member of a couple may have in California against the property of his or her partner. It is a breach of contract action meant to enforce an agreement for support or property sharing between non-marital partners after a split. In other words, a party must prove that an agreement, whether express or implied, written or oral, existed between the partners to treat the disputed property as theirs together.
Do I have a Valid Marvin Claim?
The most important consideration in a Marvin claim is whether an express or implied agreement existed between the cohabiting couple. Some other important issues to consider in evaluating a Marvin claim include, but is not limited to, the following:
- How long did the parties live together?
- Did one of the parties support the other?
- Did both parties contribute towards the purchase of any property?
- Did one of the parties perform valuable services for the other?
- Did one of the parties perform valuable services for the other’s company or employer?
- Did the two people work together to create or enhance anything of value?
- Did the parties have any expressed or implied agreement regarding property sharing or support?
Consult With Experienced Counsel
If you have been involved in a romantic, long-term relationship in California and it ended, you may believe that you have the right to financial support or property. While we have laid out relevant issues and factors to consider above, if you believe you have a valid claim to property obtained during the course of your past relationship, you should consult with experienced counsel to guide you through the complexities involved with Marvin claims and division of property for unmarried couples.
Read the full newsletter by Justin J. Lee, Esq.