Are you a nonmarital couple or partner- living with a partner but are not married?

Do you pool resources, have you bought property, own a business together?  If you answered yes to these questions your rights upon termination of the relationship may be affected.

The State of California no longer has common law marriage, one created by living together and holding yourself out as a married couple among other things, so the property division granted to spouses does not apply to you.

The case of Marvin v. Marvin (19 Cal. 3d 660) created the basis for unmarried persons to seek property division through the civil courts.  Marvin allowed recovery through either express contracts, ones written, or implied contracts, those created by the actions of the party.  Several factors can go into whether a contract was created in this manner, such as pooling assets during the relationship, cohabitating of the couple, or property bought together.

These factors were further discussed in Maglica v. Maglica (78 Cal. Rptr.2d 101) where a woman was seeking relief after working for her partner's business for years with no compensation.  This case laid the distinction that some factors, living together and holding out as married, do not by themselves construct a contract.  But taken with other factors, such as those listed as well as business orientated questions, can constitute an implied contract.

In order to protect yourself and your property you should create a written agreement with your partner in order to settle these issues before there is a problem.  Write out what assets will go to which party, who owns the property, despite the title, and how everything will be divided in the event the parties separate.  A written agreement keeps everybody honest.

If you find yourself in the position that you must fight because you have no prior agreement, seek legal advice in order to protect your and your assets to the fullest.  Our law firm can help you!!