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 In California, courts will enforce most agreements between unmarried
cohabitating partners regarding their property, including even
disputed “oral” or implied contracts. Such claims
are referred to as “Marvin actions” because the seminal
California Supreme Court decision in this area involved actor
Lee Marvin and his live-in lover Michelle. See
Marvin v. Marvin, 18 Cal.3d 660 (1976). Michelle
claimed that she gave up her own career in exchange for becoming
Lee Marvin's homemaker and an agreement that she would be entitled
to half his income. When the couple separated, Michelle sued
Lee for breach of contract. Although there was no written contract,
Michelle insisted that an oral agreement had been made. The California
Supreme Court allowed her to proceed on the basis of the oral
contract and on the implied contract theory. Michelle’s
lawsuit introduced the word “palimony” —alimony
for unmarried cohabitants— to the English language.
Thus, the holding in Marvin enables unmarried couples who make
implied, oral or written contracts with one another regarding
property and alimony-like support to enforce those agreements
in court. In fact, even when there is no explicit contract but
the actions of the live-in partners make it appear as though
there is an understanding, the Marvin decision teaches that a
court may imply a contract to exist and enforce it. Since a Marvin
action is a civil lawsuit between former live-in partners such
complaints can assert various causes of contract and tort-based
causes of action including breach of express and or implied contract,
constructive trusts, declaratory relief, specific performance,
fraud and quantum meruit.
There is no statutory duty of support as between non-marital
cohabitants who have not established a domestic partnership.
Any right between the cohabitants to "spousal-type" support
(whether during or upon and after termination of the relationship)
may arise only from an express or implied agreement. An implied
contract is basically an unspoken understanding or arrangement
between two people which can be implied by their conduct. An
oral agreement is one made through words.
By way of example, if a successful business woman pays to support
her live-in aspiring actor boyfriend who spends more time aspiring
than making any money from acting, the boyfriend could allege
that she orally promised that such financial support would continue
even after the relationship ended. If the boyfriend can put on
a convincing act for the jury, the girlfriend could end up having
to pay him support for years and/or being forced to surrender
considerable assets to him. While Marvin actions have proven
not to be easy claims to prevail on in court, that hasn’t
stopped a lot of people from trying.
© 2006-2009 L.A Prenup Lawyer L.L.P,
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