Understanding Marvin Rights in California: Legal Protections for Unmarried Couples Written By Rose Jamili, Associate
In California, unmarried couples who live together but don’t get married often assume they have the same legal protections as married couples. This is a myth. However, under Marvin v. Marvin (1976), California courts recognize “Marvin Rights”, which allow unmarried partners to claim financial support or property rights under certain circumstances. In this article, we’ll break down what Marvin Rights are, how they work, and what unmarried couples can do to protect themselves legally.
What Are Marvin Rights?
Marvin Rights refer to legal claims that an unmarried partner can make after a breakup, based on an implied or written contract. In Marvin v. Marvin (1976), actor Lee Marvin’s former partner, Michelle Triola, sued him after their long-term relationship ended. She claimed they had a verbal agreement to share property and financial support-similar to what a married couple would have in a divorce. The California Supreme Court ruled that unmarried partners can enforce contracts (express or implied) regarding financial support and property division. This became known as Marvin Rights.
Key Takeaway: California law does not recognize common law marriage, but it does allow unmarried partners to enforce financial or property agreements made during the relationship.
What Can Be Claimed Under Marvin Rights?
Under Marvin Rights, an unmarried partner may be able to claim:
- A share of assets acquired during the relationship.
- Financial support (similar to palimony).
- Compensation for unpaid work done for the other partner’s benefit.
- A portion of a business or property owned by the other partner.
However, Marvin claims are not automatic-you must prove there was an agreement.
Types of Marvin Agreements
To make a claim under Marvin Rights, you need to show there was an agreement between you and your partner regarding financial support or asset-sharing. This agreement can be:
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Express Contract (Written or Verbal Agreement)
A written or verbal agreement where one partner promises financial support or asset-sharing after a breakup.
Example: “If we break up, I will continue to support you financially.”
Enforceability: Courts will enforce these agreements if they can be proven.
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Implied Contract (Based on Actions, Not Words)
No written agreement, but the couple’s behavior shows an understanding that assets would be shared.
Example: One partner quits their job to support the other’s career or helps build a business, expecting financial benefits.
Enforceability: Harder to prove but can be upheld if there is strong evidence (e.g., shared finances, joint purchases, emails, texts).
Even without a contract, one partner may argue they deserve financial compensation due to their contributions.
Example: One partner financially supports the other for years, making sacrifices based on the assumption of lifelong support.
Enforceability: Courts may award compensation based on unjust enrichment (if one partner unfairly benefits from the other’s sacrifices).
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What Marvin Rights DO NOT Cover
- No automatic property rights – If a house, car, or bank account is in one partner’s name only, the other has no claim unless they can prove an agreement.
- No automatic financial support – Unlike alimony in marriage, palimony (financial support for unmarried partners) is not guaranteed.
- No rights to retirement or spousal benefits – Unmarried partners do not qualify for spousal Social Security benefits or retirement plans.
- No legal presumption of shared assets – Unlike community property laws in marriage, unmarried partners must prove asset sharing agreements.
How to Protect Yourself in a Long-Term Unmarried Relationship
If you’re in a long-term relationship and want to avoid legal disputes, consider these steps:
- Sign a Cohabitation Agreement – A legal contract defining how assets and finances will be handled if you separate.
- Put Agreements in Writing – If you and your partner agree to share assets or provide financial support, document it in writing.
- Keep Financial Records – Maintain records of shared purchases, joint accounts, or contributions to each other’s success (e.g., helping build a business).
- Create a Will or Estate Plan – Unmarried partners do not automatically inherit assets-a will is necessary to protect your partner.
- Consult a Family Law Attorney – If you’re concerned about property division or financial security, legal advice is crucial.
Real-Life Example of a Marvin Case
Example: Couple Purchases a Home Together, But Only One Partner’s Name is on the Title
- Alex and Jamie lived together for 10 years.
- Jamie bought a house, but Alex helped pay the mortgage and renovate the home.
- When they broke up, Jamie claimed full ownership because the title was in their name.
- Alex filed a Marvin claim, arguing that there was an implied agreement to share property.
- The court awarded Alex a portion of the home’s value, based on financial contributions and shared intent.
Lesson: Without a legal agreement, proving a Marvin claim can be difficult, time-consuming, and expensive. It’s better to plan ahead with a written agreement.
Final Thought: Protect Yourself & Your Future
Unmarried couples do not have the same automatic legal rights as married couples, but Marvin Rights allow for financial, and property claims under specific circumstances. If you’re in a long-term relationship and want financial security, take legal steps to protect yourself-don’t rely on assumptions
