Marriage rates have been on the decline for the last several years, not only in California but in other parts of the country. More people are choosing to live together without marrying each other, either for financial or personal reasons.
However, unmarried couples who are financially entangled might have a harder time if they choose to separate. California is one of the few states who has come up with a solution on how to treat these divorces in court, with the Marvin Law.
What is the Marvin Law?
The Marvin Law addresses financial relationships between two people who share an intimate relationship. Established in Marvin v. Marvin, the law states that no person has a claim to community property or spousal support if the relationship breaks up if they’re not married.
Say Person A and Person B are dating and decide to open a business together or buy a house. If they decide to separate, California law would state that neither Person A or Person B have claims to the business or house.
How are assets split up under Marvin Law?
Under Marvin Law, division of assets would be held to the same standards of commercial law. Basically, the division of assets would be determined based on signed contracts and assumed contracts.
These can vary case by case and depends a lot on what can be proven. For example, if Person A’s name is on the house but if Person B has receipts for mortgage payments or utilities, the judge might be inclined to order some sort of payout for Person B.
There’s a lot that goes into Marvin Law, and determining whether any assets should be split or if palimony should be paid. To learn more about Marvin Law and how it would apply to your divorce or separation, reach out to a California divorce attorney.