Marvin v Marvin Cases the Unmarried Couples Legal Remedies

At the Law office of David P Schwarz we have represented many clients who have fallen under the “Marvin v. Marvin” class of cases where the parties find themselves not married and without the protection of Orange County Divorce laws. Please contact the our office at 949-735-9266 for a consultation or via the web. We can also be reached by email at

A Divorce attorney will be able to clarify what legal rights you will have when you find yourself unmarried and having cohabitated with a partner for some time and unable to find any legal remedies. California family law code does not have any legal remedies for a nonmarried couple who has cohabitated for a period of time and owns property together. Family Code property and spousal support rights, obligations and remedies are permissible only to married couples with a valid marriage. Simply living together as alleged husband and wife cannot give rise to a “marriage” or other legal marriage-like union under California law.

A Divorce lawyer will further explain to you that nonmarital cohabitation does not itself confer property or spousal support rights or obligations under the Family Code. Any such rights and obligations arising from the relationship may only be enforced by pursuing a civil lawsuit in civil court. A party cannot pursue any legal recourse in Orange County family law courts.

If a couple was married for a period of time they would accrue family law rights such as earning community and quasi community property rights. However, an unmarried cohabitant does not accrue any community or quasi community property rights with their partner.

At the Law office of David P Schwarz we will inform you that there is not legal remedy to property management and control that a party would be afforded if they had been married and could enforce the fiduciary duties that are so intertwined with the family law code.

A Divorce attorney will further educate the Marvin v Marvin couple that spousal support rights which are the bedrock of any long term marriage are not enforceable in a unmarried cohabitant situation. Therefore, the couple would suffer the lack of ability to be supported in a long term relationship after any breakup. This could leave one party significantly disadvantaged and potentially economically damaged.

The unmarried cohabitants can sue for breach of express contract to enforce any agreements the couple may have entered between the two of them. They then can seek legal relief by filing a civil lawsuit.

In addition, the couple can enforce an action for an Action for an implied contract based upon the parties' conduct. That means that if both parties relied on the others assurances to do some act and the parties relied on the others representations there will be a cause of action to enforce that agreement.

At the Law office of David P Schwarz we have filed many actions in Orange County Civil Court to enforce Marvin v Marvin legal situations. Please contact our office at 949-735-9266 or via the web. We can be contacted as well by email at

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