Marvin Rights in California: What Unmarried Couples Need to Know

When most people think about “rights” between couples, they think about marriage or divorce. But what happens when two people live together for years, sometimes decades, without ever marrying, and then separate?

That’s where Marvin rights come in.

The Origin: Marvin v. Marvin (1976)

In 1976, the California Supreme Court decided Marvin v. Marvin, a landmark case involving actor Lee Marvin and his long-time partner, Michelle Triola. She claimed that Marvin promised to support her for life even though they never married.

The Court ruled that:

• Contracts (oral, written, or implied) between unmarried cohabitants are enforceable.
• These agreements can cover property sharing or financial support.
• The only limit: the agreement cannot be based solely on “meretricious” (sexual) consideration.

In other words: if you and your partner made a deal to share finances or provide lifelong support, the courts may enforce it, even without a marriage license.

Key Cases After Marvin

Several cases since Marvin have shaped how these claims work in practice:

• Alderson v. Alderson – Courts recognized that conduct (joint accounts, joint purchases, holding themselves out as married) can imply a contract.
• Whorton v. Dillingham – No recovery if the agreement is based purely on sexual services.
• Byrne v. Laura – Support obligations can survive a partner’s death and be enforced against the estate if an agreement is proven.
• Kinsella v. Kinsella (2020) – Reinforced that you need clear evidence of an agreement; vague understandings often won’t survive summary judgment.

The bottom line: Marvin claims are alive and well, but courts scrutinize them closely.

Where These Cases Are Heard

Unlike divorces, Marvin actions aren’t handled under the Family Code. They are civil lawsuits. Sometimes they get consolidated with a family law case if both are pending, but technically they belong in civil court.

That means:

• You don’t get automatic discovery tools like an FL-150.
• You must plead breach of contract, quantum meruit (value of services), or unjust enrichment.
• The statute of limitations matters—two or four years, depending on whether you claim oral contract, written contract, or equitable remedies.

Why Marvin Rights Matter for Modern Couples

In California, more couples are living together without marrying. Some deliberately avoid marriage for financial, personal, or philosophical reasons. But without marriage, you lose automatic community property rights and spousal support protections.

This can leave one partner, often the stay-at-home parent or homemaker- in a very vulnerable position after a breakup.

Example Scenarios

• Stay-at-home parent: You left your job to raise kids while your partner built a career. Without a Marvin agreement, you may walk away with nothing.
• Business partner lovers: You helped grow a company, handling books, hosting clients, making sacrifices—only to find the business in your partner’s name alone.
• Home purchase in one name: You put money or sweat equity into property titled solely to your partner. A Marvin claim may be your only way to recover.

A Battle Plan if You Don’t Plan to Marry

If you’re in a long-term relationship but don’t intend to marry, protect yourself:

1. Put it in writing – Draft a cohabitation or partnership agreement spelling out financial contributions, support promises, and property division.
2. Keep records – Save emails, texts, bank statements, and receipts that show shared finances or promises.
3. Think estate planning – If your partner promises “I’ll always take care of you,” that should be in a will or trust, not just a verbal statement.
4. Title carefully – If you buy a home together, decide in advance whether you’ll be co-owners or if one will be reimbursed for separate contributions.
5. Don’t assume “fairness” will be automatic- Without marriage or a contract, California law does not give you default property or support rights.

Final Thoughts

Marvin rights are not a substitute for marriage—but they do offer a path to enforce promises between unmarried couples. They are contract-based, evidence-heavy, and often litigated in civil court.

If you’re living with a partner and making long-term sacrifices (raising kids, giving up a career, investing in a home), you need a plan. A written agreement can prevent heartbreak, financial devastation, and years of litigation down the road.

Channe G. Coles

Family Law Attorney – Santa Barbara & Ventura Counties