Legal Question in Real Estate Law in California

I've been with my boyfriend for 9 years and lived together with him for 8 years, (in his home, my name is not jointly listed on anything). If something were to happen to him, what are my rights? He's going to be flying across the states and I'm worried. We live in CA.


Asked on 9/10/12, 2:45 pm

2 Answers from Attorneys

Unless he has a will that leaves anything to you, you have no rights at all. Everything will pass according to his will, or to his children if he has any, or to his parents if he has no will and no children.

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Answered on 9/10/12, 3:19 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

While I basically agree with Mr. McCormick, there is an extremely slim possibility that you might be able to assert some rights under the theories advanced in Marvin v. Marvin, the famous "palimony" case. You can research that case at numerous on-line Web sites, but if you decide that this case (or line of cases, since there have been many subsequent decisions building upon the original California Supreme Court case), be sure to focus on the language of the decisions themselves, as not every living-together arrangement rises to the level of a Marvin situation. A better solution would be for Mr. Boyfriend to write a will or set up a living trust in your favor, or, gosh darn it, maybe you should get hitched.

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Answered on 9/10/12, 7:03 pm


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