People in a nonmarital relationship have rights upon a separation

In the case Marvin v. Marvin, a woman brought an action against a man with whom she had lived for approximately six years, but was never married to, in which she alleged that she and the man entered into an oral agreement that during the time they lived together they would combine their efforts and earnings and share equally the property accumulated through their individual or combined efforts, and that she would render services to the man as companion, housemaker, housekeeper and cook, give up her career as an entertainer and singer, and that the man would provide for all her financial support for the rest of her life. The woman further alleged that later she was forced to leave the man’s household at his request, he refused to pay any further support to her and refused to recognize that she had any interest in the property rights, and also refused that she had any rights to half of the property they acquired during the course of the relationship.

While most of California’s Family Law Act and other community property laws do not apply to the distribution of property acquired during a nonmarital relationship, an agreement made about the terms of the relationship can be enforced by a court. The courts should enforce express contracts between nonmarital partners except to the extent that the contract is solely on the performance of sexual services or any other unlawful consideration. Where there is no written contract between the parties, a court will consider the conduct of the parties to determine whether that conduct demonstrates an implied contract, agreement of partnership or joint venture, or some other unspoken understanding between the parties.

It’s important that you hire an attorney that is experienced in family law and can explore any and all issues regarding your case. The Law Offices of Michael S. Carrillo has a great deal of experience in separation cases and will handle your case with great care. Contact our office immediately for a free consultation at (626) 799-9375.