Do You Have Questions About Cohabitation And Marvin Actions?
Deciding to move in with a partner for the long term without getting married can result in a lot of unexpected consequences. If you and your partner are separating after cohabitating, or if you want to continue living with your spouse during or after a divorce, talk to our divorce attorneys at Nelson Kirkman. They have decades of collective experience practicing family law for clients in Newport Beach and Orange County and can answer your questions.
Can cohabiting result in liability to the other party?
Yes, cohabitation may result in financial liability to the other party based on express or implied agreement. Any rights arising out of cohabiting are based on contract law rather than family law.
Can parties living in cohabitation be ruled to be married?
No, the state of California does not recognize common-law marriage. No length of cohabitation will create a marriage, marital property, or marital rights. There is no community property in a cohabitation.
What are the implications of cohabiting?
Cohabiting before marriage will not be construed by the court as part of the marriage when calculating support and other important rulings in a divorce case. Cohabiting after divorce may result in the lowering or stoppage of spousal support payments.
Will the court consider the income of cohabitants when determining child support?
New answer needed here.
What Is a Marvin Case?
Civil litigation related to cohabitation is known as a Marvin case. A Marvin case is quite different than a divorce case because the parties do not have the Family Law Code to help in such an action. Marvin cases are civil matters that are not heard in divorce court and may involve a jury.
Get More Information When You Speak With Our Divorce Team
Nelson Kirkman has the reliable, reputable counsel you need during cohabitation issues in a divorce. Please contact our Newport Beach office to schedule a consultation with a team member. Call 949-430-6952 or send us an email today.