Marriage contracts between LGBTQ+ partners in California establish a community property relationship. The contract identifies the assets a couple amasses during their legal relationship as assets and liabilities belonging to both individuals. Establishing specific separate property during the marriage may occur through prenuptial or postnuptial agreements.
For unmarried, cohabitating LGBTQ+ couples, the division of property and each partner’s rights may become unclear if the relationship ends. The Marvin Law may help define the property rights of LGBTQ+ partners in California. A Sherman Oaks LGBT family lawyer can offer vital navigational tools to help you determine your right to shared property and child custody if you are in a cohabitating, unmarried LGBTQ+ relationship that is ending.
What is Marvin Law?
A 1976 case that rose to the California Supreme Court set a precedent in defining the division of assets, liabilities, and properties between unmarried couples choosing to cohabitate. After living together for seven years without a marriage contract, a partner in the Marvin relationship filed a lawsuit stating her entitlement to half of the couple’s accumulated assets.
The partner testified that an oral commitment was made to divide the working partner’s incoming assets. In her argument, she sought to establish that even without a marriage contract, giving up her career to support her partner’s career entitled her to the same rights as married couples who divorce and divide community property.
How Does Marvin Law Impact Unmarried LGBTQ+ Couples?
Until marriage equality became law, many LGBTQ+ couples living together depended on the Marvin Law to guide the division of assets if their relationship ended. California’s Supreme Court used broad language to remove exclusivity of non-traditional relationships. Still, a court’s interpretation of who the law applied to often determined if non-heterosexual couples benefitted from the law.
Now, one or both LGBTQ+ partners living together in a non-marital relationship without registering as domestic partners may seek to file a Marvin action to pursue the division of assets and financial support if the relationship ends. Proving the existence of a committed partnership through implied, explicit, or oral contract is necessary.
Family law governs marital contracts and property division in a Sherman Oaks divorce. Civil law applies when filing a Marvin action, requiring the courts to base their decisions about asset division and support requests on contract law.
Finances
Seeking financial support, known as palimony, from an LGBTQ+ partner is complex but may be possible. Receiving palimony would depend on the terms of the contractual agreement between the cohabitating parties that one partner would financially support the other. Contractual law focuses on the terms of the contract between parties as opposed to the equality that governs family law in divorce.
Property Division
Property division under Marvin law is also based on the contractual agreement between LGBTQ+ cohabitating partners. A partner may seek a portion of the couple’s property based on the contract’s elements. The court that hears the case will strive to enforce the contract terms instead of equal division.
Child Custody
Decisions about child custody are family law matters, handled in a different court of law than civil actions. Working with a Sherman Oaks child custody attorney allows you to establish the framework of custody with a former partner once the relationship ends.
 How to Pursue a Marvin Action
A Sherman Oaks LGBT lawyer from our firm can offer guidance on filing a civil lawsuit to address division of assets and support. Various legal options may be available, including filing claims for the following:
- Breach of express or implied contract
- Breach of joint venture or implied partnership
- Breach of fiduciary duty
- Requests for return of funds
- Partition of real estate
Our firm can also assist with a child custody case in family law court. Two courts of law will hear matters concerning asset division and child custody separately.
Proving an Implied or Written Agreement
Clear and convincing evidence must exist that an implied, oral, or written agreement existed between you and the partner you lived with, sharing property. Proof of the contributions of each party to the partnership should exist. For example, one party may work while the other provides domestic support.
Establishing the existence of an intimate relationship alone is not proof enough of a contract agreement. Additionally, sharing a household is necessary for partners in an LGBTQ+ relationship to be eligible to file a Marvin action.
 What Evidence Helps Your Case?
The courts will consider the length of the relationship and proof of the financial interdependence of you and a former partner. They will also weigh each party’s contributions to the relationship by reviewing documentation and may hear witness testimony establishing each partner’s role in the partnership.
Any assets and property a couple shares jointly may demonstrate a planned future together. A will or trust naming the other partner as a beneficiary can support a lawsuit. Documentation for family law child custody hearings is also essential.
 Do I Need a Cohabitation Agreement?
Creating a California cohabitation agreement is not a legal requirement. However, they are beneficial for LGBTQ+ couples living together in a committed relationship that do not plan to marry. A cohabitation agreement provides a contract stating the legal rights and responsibilities of each partner.
The agreement can provide insight into financial agreements between partners and may also address palimony for a dependent partner. Because of the costs and complexity of filing a Marvin action in civil court, a cohabitation agreement is a preemptive way to take control of your future, save money, and strive to ensure your financial security.
 How Long Do I Have to File My Claim under Marvin Law?
Civil lawsuits are subject to a statute of limitations, providing a specific timeline for you to take legal action. Whether a contract agreement is written, implied, or oral will impact how long you have to file a claim. Time limits include:
- Breach of written contract: Four years
- Breach of oral contract: Two years
- Breach of implied contract: Two years
Child custody cases determined in a California family court have no statute of limitations.
Call Our Sherman Oaks Family Law Attorneys Today
Civil and family laws may apply when unmarried LGBTQ+ couples who live together decide to end a relationship. Your property rights and financial support may be limited unless you can successfully file a Marvin action.
The Sherman Oaks family law attorneys at Diarian & Bociaga understand the challenges LGBTQ+ couples without marital agreements face. An LGBT family lawyer with our firm can discuss your rights under Marvin Law and help you take legal steps to protect your future. Schedule a consultation with our firm today.