Friday, July 8, 2011

IF WE WERE NEVER MARRIED, DO I HAVE ANY RIGHTS TO PROPERTY OR COMPENSATION?

QUESTION: My girlfriend of fifteen years and I are splitting up. I have paid 50% of the house and bills but my name is not on it. Do I have any rights to property or compensation?

MY RESPONSE:

If the house and your relationship were in California, you may or may not have rights relating to the house, depending upon whether or not you had a written, oral or implied property-sharing or compensation agreement with your former girlfriend, in accordance with the holding in Marvin vs. Marvin and its progeny.

If there was no written, oral or implied agreement, you would not have any rights to property or compensation.

Had you been married to your girlfriend, you might well have been entitled to community property rights in the house or a portion of it, but there is no community property in a nonmarital relationship.

"Marvin" cases are litigated in the Civil Courts, not the Family Law Courts, and Attorney's Fee awards are not available in Marvin cases.

A property-sharing or compensation agreement might or might not be implied, based on facts specific to your relationship with your girlfriend.

You should consult with a knowledgable Family Law Attorney with experience in Marvin cases regarding the particulars of your situation.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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