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Palimony

Palimony Lawyer Los Altos CA

Palimony (or a “Marvin” case) is commonly thought to be a form of alimony or “domestic partner support” assigned to common law marriage. However, the State of California does not recognize common law marriages as a legal marriage, unless you had a legal common law marriage in another state where such unions are recognized as legal. Support of a domestic partner by one partner by another must be proven by a publicly known verbal contract or a registered civil contract.
Although the history of California “palimony” law did not really start with Marvin v. Marvin (1976) 18 Cal.3d 660, that famous case is the best example to have an understanding of palimony. In Marvin, the plaintiff, Michelle Marvin, alleged that she and Lee Marvin entered into an oral agreement which provided that while “the parties lived together they would combine their efforts and earnings and would share equally any and all property accumulated as a result of their efforts whether individual or combined.” The parties allegedly further agreed that Michelle would “render her services as a companion, homemaker, housekeeper and cook.” The Supreme Court made new law, as it held that in the absence of an express agreement the plaintiff might be able to establish an implied contract or implied partnership, and might be able to invoke such remedies as constructive trust, resulting trust, and quantum meruit. The bottom line is that if you are in an unregistered domestic relationship, protect yourself. Call for the legal advice, we may be able to help you collect a form of spousal support and/or your property interests through a Marvin action.

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