BJ Fadem & Associates, APC is a Certified Family Law Specialist
You may never have thought that all those Valentines’ Cards, special love notes, emails, texts, and birthday cards would either be useful or haunt you. Who would think that not getting married would become such a nightmare? Not getting married is now the norm in this modern world. Having a partner, girlfriend, boyfriend, or who you called your partner in life, now has become an issue in a Court Law! Did you just pack up your belongings and attempt to just start over? Did you ask they/her/him to just move out? Then, all of a sudden, you are faced with the legal action of Palimony and you are shocked, dismayed, shattered, and in total disbelief! Your whole world is now turned upside down! How can this be possible when you did not marry your partner?
Cohabitating without marriage is very common in our contemporary age. However, the ending of this relationship and a person’s legal rights to Child Custody & Visitation, Child Support, and Property rights, among others, are not commonly known.
The first Palimony case was Marvin vs Marvin whereas: Michelle Triola spent several years living with actor Lee Marvin. After their breakup, she legally adopted the surname “Marvin” despite never having been married to him and claimed he had promised to support her for the rest of her life. In the end, the California Supreme Court ruled that Michelle Triola had not proven the existence of a contract between herself and Lee Marvin that gave her an interest in his property. Thus, the common law rule applied to the situation without alteration, and she took away from the relationship and the household what she brought to it.
The Court went on to explain that while the state abolished Common Law Marriage in 1896, California Law, however, does, in fact, recognize non-martial relationship contracts or agreements between people. These contracts may be express or implied, oral or written, but they must be provable in any case. Eventually, the California Court of Appeal ruled that since Michelle Triola and Lee Marvin never had such a contract, she was not entitled to any money.
In addition, even though you may not be married; or you may not be on the “deed” to real property, there may be a ‘community’ interest in real property if, in fact, it can be proven that there was an ‘agreement’ or ‘promise’ that the home was both of yours.
The Courts decide matters of Palimony case by case and time is of the essence.
Your issue may be time sensitive, please contact our Law Firm to set-up your Initial Consultation.
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We file in all California Counties and Cities. In addition, BJ Fadem represents Clients throughout California, the United States and foreign countries with regard to Hague Matters.