Ukiah, CA asked in Family Law, Personal Injury and Real Estate Law for California

Q: what is the fourm I use to file for marvin v marvin palimony

we wer together 17 years he took car of me finanicaly introduced me as his wife but has passed away

2 Lawyer Answers

Dale S. Gribow

Answered
  • Palm Desert, CA
  • Licensed in California

A: YOU NEED TO CONTACT A FAMILY LAW ATTORNEY IN YOUR AREA.

I AM IN PALM SPRINGS AND HANDLE DUI AND PI.

A LAWYER WILL LOOK AT WHETHER YOU HAD ANY ACCOUNTS TOGETHER OR ANYTHING ADDRESSED TO YOU AS HUSBAND AND WIFE ETC

HOW WAS TITLE LISTED FOR VARIOUS THINGS, HOME, CAR ETC

Eric Gene Young

Answered
  • Santa Rosa, CA
  • Licensed in California

A: From your question, it is unclear whether you meant to say "form" or "forum." If you meant "form," there is no "form" for filing a Marvin action. An attorney would need to draft a pleading for you. These are very fact-intensive cases. To strengthen your case in advance, you should gather as much documentation as you have that will help evidence that your companion held you out to the world as his wife. I handled a Marvin case in a nearly 30-year relationship that dissolved where I was able to obtain a favorable outcome for my client (1/2 of substantial real property holdings) based, in part, on greeting cards and notes from her companion where he referred to the property as "our property," or he promised her that she would be taken care of. Valuable evidence may be something you least expect in Marvin cases. Check out this link to one of the seminal cases, Byrne v. Laura, which has a great discussion of the many types of evidence that can be relevant in a Marvin action - https://caselaw.findlaw.com/ca-court-of-appeal/1288612.html. Any proof you have that he cared for you financially as well as witnesses to corroborate your facts are both important. Since you indicated in your inquiry that your companion passed away, a word or two about probate - did he leave a will? If not, who are the next of kin heirs? Has a probate been opened? As a person holding a Marvin claim, you are a creditor of the deceased's probate estate. You must assert a timely Creditor's Claim against the probate estate, or your Marvin claim will be barred as a matter of law. Once the personal representative of the probate, whomever that may be, provides notice to the creditor that the estate disputes the debt, you must file suit within 90 days of the rejection. I hope this is helpful to you. Best of luck.

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