The Law Office of Edward Misleh
The Law Office of Edward Misleh
Skip to content
  • Home Page
  • Areas of Practice
    • Divorce Attorney
    • Domestic Violence Attorney
    • Child Custody Attorney
    • Child Support Attorney
    • Spousal Support Attorney
    • Community Property Attorney
    • Guardianship Attorney
    • Family Law Attorney
    • Adoption Attorney
    • California Attorney Blog
  • Resources
    • Forms
    • California Attorney Blog
    • Our Office
    • Website Search
    • Site Map
  • The Law Offices
  • Contact Us

-

Home » Areas of Practice » Family Law » Cohabitation Claims

Cohabitation Claims

Posted on January 6, 2018October 27, 2019 by edmisleh

Cohabitation Claims

Cohabitation claims result when people live together but never get married.  You may have a cohabitation claim if you can prove that it was your intent to simply live together and not get married.  Should you have a cohabitation claim, you may be entitled to a division of any and all property that was accumulated during the relationship.  Your cohabitation claim could also provide you with financial support.


Common Law Marriage

California does not recognize common law marriages.  Unmarried parties who cohabitate and have a relationship over long a period of time may have rights to financial support and property.  Unmarried parties can enforce promises of support or property rights through a civil court action rather than in family court.  These “cohabitation” actions are referred to as Marvin claims, named after the case involving the late actor Lee Marvin.


Oral Contracts

The California Supreme Court in Marvin expressly declined to treat unmarried cohabitants like married persons but did state that agreements, including oral contracts, between unmarried parties are enforceable.


Civil Action

A “Marvin claim” is a civil action and not a family law matter.  The statute of limitations (the time that you have to file an action) for a Marvin claim will depend upon which legal theories are asserted.  Cohabitation can result in a claim for breach of an express or implied contract, implied partnership or joint venture, quantum meruit, unjust enrichment, constructive fraud, or the imposition of constructive or resulting trust.


Defending Cohabitation Claims

Marvin actions are subject to all of the defenses which are generally available in contract actions, plus a few which are specifically applicable to Marvin claims.  These can include the expiration of the statute of limitations, meretricious consideration (if sexual acts form an inseparable part of the contract) and other aspects of the contract which may be contrary to public policy (lack of consent, vagueness, lack of mutuality, unclean hands, or plaintiff’s breach of the agreement).  Be reminded that there is a presumption in favor of the owner of legal title for real property which will require the claimant to trace the source of all funds used to purchase or improve real property.


Cohabitation Claim Checklist

The following is a check list of evidence a court will consider when adjudicating a cohabitation claim:

  • The length of time that cohabitation existed.
  • If the parties entered into an express contract.  An express contract is either an oral or written agreement to share property and/or support one another in some way.
  • If the parties entered into an implied contract.  An implied contract is an agreement that can be proven by the parties’ conduct.
  • If the parties raised children together.  Children show the interdependent relationship between the parties.
  • If one party gave up a job or career for the benefit of the relationship; to raise children, act as a caregiver, or run household so the other partner could focus on their goals.

Evidence Supporting a Cohabitation Claim

  • Cards, letters, emails or text messages.  Written information that tends to show an agreement to share property and/or provide for one another’s support.
  • Shared title to any real estate, business or other property.
  • Joint bank accounts, credit cards or retirement accounts.
  • Shared medical insurance.
  • The existence of any wills, trusts, estate plans or life insurance policies.

CALL NOW TO MAKE AN APPOINTMENT

321-951-9164

For more information about Divorce and Property, click on one of the following links:

Annulment

Putative Spouse

California Putative Spouse

Putative Spouse

California Prenuptial Agreement

California Divorce

Simple Divorce

Family Law Divorce

Law Offices of Edward Misleh

Web Site Search

This disclaimer provides that any information provided on this website by The Law  Offices of Edward Misleh, APC is strictly informational and should not be interpreted or considered as legal advice.  If you have a legal concern, you should contact our office to speak with a licensed California Attorney.  Delaying to contact an attorney could result in harm to your interests.

Attorney-Client Relationship

No Attorney-Client Relationship Created by use of this Website: Neither your receipt of information from this website, nor your use of this website to contact The Law Offices of Edward Misleh, APC or one of its attorneys creates an attorney-client relationship between you and The Law Offices of Edward Misleh, APC. As a matter of policy, The Law Offices of Edward Misleh, APC does not accept a new client without first investigating for possible conflicts of interests and obtaining a signed engagement letter. Accordingly, you should not use this website to provide confidential information about a legal matter of yours to The Law Offices of Edward Misleh, APC.

Contacting us by telephone, email or other means, or transmitting information to us, will not establish an attorney-client relationship. The attorney-client relationship can only be established after we have determined that we are able and willing to accept the engagement and we have entered into a written engagement agreement. Until then, do not send any confidential information to us unless we specifically request it. Information communicated without such authorization may not be treated as confidential, secret or otherwise be protected from disclosure, and The Law Offices of Edward Misleh, APC will not be precluded from representing parties adverse to the sender of such information in any matter.

No Legal Advice Intended

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

No Guarantee of Results

Many of the practice summaries and individual attorney biography on this website describe results obtained in matters handled for The Law Offices of Edward Misleh, APC clients. These descriptions are meant only to provide information about the activities and experience of our attorney. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our attorney; and, you should not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or attorney.

Third Party Websites

As a convenience, this website may provide links to third-party websites. Such linked websites are not under the control of The Law Offices of Edward Misleh, APC, and The Law Offices of Edward Misleh, APC assumes no responsibility for the accuracy of the contents of such websites.

No Warranty or Liability

The information in this site is provided “AS-IS,” without representation or warranty of any kind, either express or implied, including, without limitation, any representation or warranty as to suitability, reliability, applicability, accuracy, merchantability, fitness for a particular purpose, non-infringement, result, outcome or any other matter. We do not represent or warrant that such information is or will be up-to-date, complete or accurate, or free from errors, viruses, spyware, malware, adware, worms or other malicious code, or will function to meet your requirements.

You agree that we are not liable to you or others in any way for any damages of any kind or under any theory arising from this site, your access to or use of or reliance on the information in this site, including, but not limited to, liability or damages under contract, tort or other theories or any damages caused by lost data, malicious code, denials of service (including computer crashes), business interruption or other commercial damages or losses, even if we may have been advised of the possibility of such damages.

Authorized Practice of Law

The jurisdiction in which our attorney is licensed to practice is in the State of California. The ability of our attorney to engage in any activities on behalf of a client outside that attorney’s state of licensure is subject to state statutes and professional codes and court rules. The Law Offices of Edward Misleh, APC does not seek, and this website is not intended to solicit, legal employment outside our attorney’s states of licensure that would constitute the unauthorized practice of law.

Intellectual Property Owned by The Law Offices of Edward Misleh, APC

Except as otherwise noted, all trademarks, photographs and other artwork, video clips, and written materials used in this site are protected by copyright laws and are owned or licensed by The Law Offices of Edward Misleh, APC. You may download information from our site for your temporary, personal, non-commercial use only. None of these items may be copied, reproduced, downloaded, posted, transmitted, broadcast or otherwise distributed in any manner without our prior written consent.

Privacy Policy
Site Map
Avvo - Rate your Lawyer. Get Free Legal Advice.
We gladly accept Visa, MasterCard, Discover, American Express.
Copyright 2023 The Law Offices of Edward Misleh, APC
Web site hosting by All Brevard Web Sites