Updated on November 24, 2023
In an evolving social landscape, where traditional marriages are not the only form of long-term romantic commitment, how does the law recognize and enforce property rights in non-marital relationships? This question is particularly relevant when partners in these relationships make agreements regarding property distribution, commonly known as Marvin Agreements. This article delves into the intricacies of these agreements and their legal implications in the context of real estate transfers.
The concept of Marvin Agreements in California arose from the pivotal 1976 case, Marvin v. Marvin (1976) 18 Cal.3d 660. The California Supreme Court recognized that agreements between non-marital partners, referred to as Marvin Agreements, are enforceable under certain conditions. These agreements often involve one partner promising financial support to the other in exchange for various services, which could range from homemaking to personal assistance. Notable cases like Bergen v. Wood (1993) and Whorton v. Dillingham (1988) further illustrate the complexities and legal nuances of these agreements.
Our team at Schorr Law has significant experience in litigating cases where one partner in a non-marital relationship promised to purchase real estate for the other as part of a Marvin Agreement. These cases often arise when the promise to purchase or transfer property titles is not fulfilled post-breakup, leading to legal disputes.
Courts take into account various factors when assessing the validity of Marvin Agreements. These include the length of the relationship, the presence of children, the absence of alternative remedies, and the potential for significant injustice if the agreement is not enforced. Both express and implied agreements can be enforceable, especially when one partner has relied on the statements and actions of the other. Byrne v. Laura (1997) serves as a precedent for such cases.
Marvin Agreements can provide a legal avenue for non-marital partners to secure their financial interests in real estate. However, the enforceability of these agreements depends on specific relationship factors and the nature of the promises made.
If you find yourself in a situation where a non-marital partner has failed to fulfill a promise regarding real estate transactions as part of a Marvin Agreement, legal recourse may be available. Contact Real Estate Attorneys In California at Schorr Law for a consultation to explore your options and rights. Our expertise in this area can guide you through the complexities of these unique legal agreements.
Feel free to reach out via our contact form, email at [email protected], or call us at (310) 954-1877. For convenience, text inquiries can also be sent to (310) 706-2265.
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