Marvin Agreements Attorneys in Newport Beach, California
In California, being a live-in partner or cohabiting with someone for a long time isn’t the same as thing as marriage. So, even if you’ve spent 15 years with them as a partner, as long as you’re not legally married, you’re only subject to what is known as common law marriage.
Unfortunately, the state of California doesn’t recognize this. The good news though, is if you split, you do have some rights. However, since all cases are unique, it’s better to speak to a lawyer that’s familiar with Marvin’s claims.
Sarieh Law has provided legal representation to many clients in similar shoes with you. Our Newport Beach Marvin Agreements attorneys are very experienced and competent at defending your rights.
Palimony and Property Law for Cohabitation Partners
When two individuals have been in a long term relationship, and have acquired properties and assets during that time, there’s the possibility that one partner can claim some of the property and assets.
This is particularly if one party had to give up their careers or ability to earn an income, just so they can mind and tend the home. While the courts in recognize may not officially recognize this arrangement, it makes allowances for it.
As a result, the courts will consider the evidence in cases involving Marvin Claims and award Palimony. Similar to the word alimony, there’s little or no difference between the two. But to qualify for compensation, there are factors to consider. These include:
- Evidence that one partner supported the other
- Duration of cohabitation
- Evidence of both entities pulling resources together to purchase properties and assets
- Proof that both parties collaborated to create something of value that’s monetized
Resolving all property disputes in common law marriages is done in civil court, as against family law courts. This is because the Family Law Code doesn’t apply in cases like this. In giving a judgment, the state will check for implied or express contracts.
Implied contracts, also called quantum meruit, is indicates that there was some sort of exchange of services between both parties while they were together. It used to be that the courts would require some sort of sexual relationship, but that’s no longer the case.
Once it’s proven that quantum meruit exists in the relationship, the courts will then take a good look at the services that were rendered by the party requesting for a share of the assets and property to determine if they can actually lay claims.
Some other factors the court considers before awarding any kind of palimony include:
- The act of consideration
- Statute of limitations -2 years for implied contracts, and 4 years for express contracts
- Couple living together
- How much both partners contributed to living costs
- How long one party was supporting the other one
- Whether the services were purely sexual
Newport Beach Marvin Agreement Representation for Unmarried Couples
Marvin claims and action are quite tricky. This is why you need experienced Newport Beach family law lawyers to help you draft solid, bulletproof express contracts. This way, you don’t get blindsided and left with nothing if your partner decides they want a break up.
Having an agreement protects you, your assets and your finances in the event of a split. You should get one as quickly as possible. Come talk to Sarieh Law today. Call us today on 949-828-2267 for a free 30-minute case evaluation.