California Palimony Law
Palimony laws in California apply to non-marital couples after their relationship comes to an end. After the relationship ends, one party may be entitled to a portion of the other party's property, depending on whether or not an agreement of such had been established. Typically, such cases are decided in California civil courts, although some have been decided in the California Supreme Court.
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Early History
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The very first palimony case in California took place in the 1880s between Sarah Althea Hill and Senator William Sharon, and was decided in the favor of Senator Sharon. Other important cases include Updeck v. Samuel (1954), and Ferraro v. Ferraro (1956). The Updeck case stated that an oral contract between a couple becomes void if either of the two are already married. The Ferraro case stated that if an unmarried couple enters into a contract to work together and pull their money, the woman is entitled to her share if the relationship comes to an end.
Marvin v. Marvin
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One of the more well-known palimony cases in California was Marvin v. Marvin (1977). Michelle Triola Marvin sued actor Lee Marvin, claiming that he promised to take care of her financially for the rest of her life. Michelle also claimed that she had given up a "promising" singing and acting career to be with Lee. However, the couple was never officially married and ultimately the California Supreme Court decided that Michelle could not prove the existence of an oral agreement and therefore wasn't legally entitled to Lee Marvin's property.
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Requirements
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In order to win a palimony case in California, the plaintiff must prove that she lived with her boyfriend for an extended amount of time and that he promised to take care of her financially for the rest of her life. She must also prove the existence of a contract, or agreement, stating such. A woman can also be issued palimony in California if she can prove that she helped to pay for the man's education, or stayed at home to raise his children.
Contracts
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There are three types of contracts, or agreements, that a person can enter into to become eligible for palimony in California. The first is a written contract, signed by both parties, that establishes guidelines in case of a split. The second is an oral agreement between the two parties. The third type of agreement is an implied contract that requires a person to prove that he sacrificed his own career to be with his partner, or that he were an active participant in his partner's business or maintained the house while his partner worked.
Common Law Marriage
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California courts do not honor common law marriages in terms of palimony even if the common law marriage takes place in a state that does, such as Texas. If the common law marriage couple moves to California, and one of the parties passes away, the other is not entitled to any property but her own. For example, if the man passes away and legally owned the house in which the couple lived, the house becomes the property of his relatives, even if it was purchased during the course of the relationship.
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References
Resources
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