Legal Question in Family Law in California

community property settlement if never married

I lived with my X for six and a half years. We have a four year old but aren't married. I expect to pay child support but she wants a property settlement for income and assests that never involved her, she claims that she deserves to be compensated for being the primary custodial parent when I was at work. I provided her with $900.00 of monthly benefits,$1,500.00 per month salary for work at home projects and paid all expenses for my son. Since my net worth doubled in those years she says I owe her compensation beyong what I paid her. She was not envolved in my career nor business in anyway. She wants to be compensated for what she did'nt earn out in the world. When she moved in with my she had no job nor does she now. She claims she could sue me for half of the increase in my net worth since she moved based on the'' Marvin case''.


Asked on 6/24/01, 3:03 am

1 Answer from Attorneys
Adam Gurley Law Offices of Adam N. Gurley

Re: community property settlement if never married

In Marvin v. Marvin the California Supreme Court held that express agreements between nonmarital partners to pool earnings and other funds and to share in the joint accumulations of property during the term of the nonmarital relationship are enforceable in California. Hence, she needs to prove an express agreement. Express means that you actually stated the agreement in words, rather than it being implied by the fact that you were living together.

Read more
Answered on 6/29/01, 3:55 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California