Marvin v. Marvin – Non-Marital Relationships
Marvin v. Marvin, 18 Cal. 3d 660, 134 Cal. Rptr. 815, 557 P.2d 106 (1976).
CASE: This was a dispute over property division between a non-married couple. This is the famous 1970’s era “Lee Marvin case”.
FACTS: P and D lived together unmarried for seven years. All property acquired during that time was taken in D’s name. P sued to enforce an oral agreement that provided that while the parties lived together they would combine their earnings and would share equally any property accumulated whether individually or together. P asserted two causes of action: 1) declaratory relief to determine her contract and property rights, and 2) a constructive trust upon one-half of the property acquired during their time together. The trial court entered judgment for Lee Marvin and Michelle Triollo appealed.
ISSUE: Is a contract between non-marital partners unenforceable if it rests upon any grounds of a meretricious relationship?
RULE OF LAW: A contract between non-marital partners is unenforceable only insofar as it is founded upon the immoral or illicit consideration of meretricious sexual services.
HOLDING AND DECISION: Adults who voluntarily agree to pool their earnings and hold all property acquired during the relationship as community property may do so provided the agreement does not rest upon illicit meretricious consideration. The traditional laws of community property and the enforcement of the marital contract by the courts should not stand in the way of these types of parties to prove and demonstrate an implied contract, or an express contract for a partnership or joint venture. The courts may use their traditional remedies under equity and restitution (quantum meruit) to resolve the ensuing conflicts.
Concurring and Dissent: This court should only address the issues before it and not attempt to determine all anticipated rights, duties, and remedies within every meretricious relationship.