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Community Property • Marvin Action
CPROP#011
Legal Definition
If there is an express or implied agreement among non-married persons to share assets and liabilities, contract law governs. This does not apply, however, to contracts based solely on sexual services (which are void as against public policy).
Plain English Explanation
Quick history fun fact: the Marvin action is based on a 1976 California Supreme Court decision in Marvin v. Marvin. In that case, actress Michelle Marvin was seeking a community property split of the property she shared with her live-in partner Lee Marvin, who had all the property in his name. Based on that decision, a Marvin action is a request for the court to legally honor the terms the partners agreed to, whether that was written down or expressed orally. In Michelle Marvin’s case, the couple had verbally promised to share all their earnings, which led Michelle to quit her promising career as an actress. Marvin Actions apply to any couples cohabiting the same residence that have some financial agreement between them, because the court agrees that can often resemble a marriage. The one catch: the agreement can’t be based on sexual services or have sexual acts as a core part of the agreement.
Hypothetical
Hypo 1: Bob and Amy have been dating for almost a decade and share everything—finances, secrets, clothes, you name it. They agreed a few years into dating that they’d do everything together, which led Amy to give up her job and stay at home. Once they break up, Amy is left in a bad financial situation. After all, their finances were mostly in Bob’s name and Amy has been out of the job market for years. What can she do? Result: Amy can file a Marvin Action, because she lived with Bob for years and they had an agreement about sharing finances. She gave up her career for the mutual benefit of the couple and acted, for all intents and purposes, much like a married person. She has a good claim for half of what Bob has, especially if she can show the court letters, emails, or texts that outline their agreement.
