marvin

Unmarried co-habitants may have claims against each others estate

Law Offices of Fred M. Duman & Associates 2807 Castro Valley Boulevard Castro Valley, California 94546 Tel: (510) 537-3388 Fax: (510) 889-1114

Dear Mr. Duman:

My uncle and "aunt" lived together as an unmarried couple for over twenty-eight years until my uncleís recent death. However, in all the ways that matter, they were "husband and wife."

Unfortunately, my uncle neglected to make out a Will, and, as a result, his entire estate may go to his only brother, who was never well-liked. My uncle declared numerous times before his death, that, in exchange for her caring for him and his household for so many years, he intended to take care of my "aunt" for the rest of her life, and to allow her to remain in his home until her death,.

I remember reading about the Lee Marvin case and the claims of his girlfriend. Would that case be of some help to my "aunt"?

L.H., Moraga

Dear L.H.

The case to which you refer is the California Supreme Court Case, Marvin v. Marvin (1976) 18 Cal.3d 660, 134 Cal.Rptr. 815, involving the famous actor, Lee Marvin.

Under the theory of law set forth by the Marvin decision, it is possible for an unmarried co-habiting couple to enter into an unwritten "contractual" agreement for unilateral or mutual support, based upon their words and/or conduct towards one another. "Marvin"-type rights are based upon the existence of some kind of agreement between the parties, unlike licensed marriages, which inherently carry with them affirmative obligations of care and support.

The Marvin type of arrangement is different from "common law marriages", which can bestow many of the rights and duties of a "legal" marriage, without having to comply with many of the statutory requirements pertaining to the creation of actual marriages. California, in fact, does not recognize "common law" marriages in this state, except for those "common law" marriages validly created under another stateís laws, when the "common law spouses" subsequently relocate to California.

When a "Marvin" agreement is proven to exist, such non-marital co-habitants may be afforded certain rights based on their unwritten agreement, in the event the relationship is terminated.

Your "aunt" may be happy to learn that a recent appellate case held that a "Marvin"-type arrangement may be enforced against the estate of a deceased co-habitant. The Court, in Byrne v. Laura (1997) 52 Cal.App.4th 1054, 60 Cal.Rptr.2d 908, held that the death of one of the co-habitants did not negatively impact the enforceability of a valid Marvin-type agreement, and in so holding, ruled in favor of the surviving co-habitant. The Court indicated that, although the creation of a Will, trust, or joint tenancy must ordinarily be in writing, there are some circumstances under which a court will enforce an oral co-habitation agreement, when failure to do so would result in unconscionable injury; however, the evidence must be clear and convincing.

This area of law can prove very complex. Therefore, specific problems and questions of our readers pertaining to "common law" marriages, marriages, and/or "Marvin" agreements should be promptly addressed to their attorneys, for advice suitable to their special circumstances.

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