Why Your Long-Term Partner Might Get Nothing: What Unmarried Couples in California Need to Know About Estate Rights and Marvin Claims
In California, the law is clear: there is no such thing as common law marriage. No matter how long a couple has lived together, shared finances, raised children, or built a life side by side, the legal protections that married couples enjoy do not apply unless a marriage license was obtained. This fact often comes as a shock after a partner dies—and it can lead to devastating consequences.
One exception is the law concerning domestic partnerships. Fortunately, the law now provides, with just a few exceptions, that any two adults who are unmarried may file a Declaration of Domestic Partnership with the California Secretary of State. Once approved, the couple’s domestic partnership status will grant them substantially the same rights as a married couple under California law.
Still, despite the relative ease of becoming domestic partners under the current law, couples still frequently fail to take those actions, for various reasons, before one of them dies.
At Trust Law Partners, we frequently hear from surviving partners who are stunned to learn they have no automatic inheritance rights after the death of a loved one. Unless their name was on the title to assets, or unless the deceased left a valid will or trust naming them as a beneficiary, the survivor can be left with nothing.
But all hope is not lost. In California, certain legal remedies may be available for surviving unmarried partners. One of the most powerful is known as a “Marvin claim.”
We explain what Marvin claims are, how they work, and what other options unmarried partners may have to recover property or enforce promises after the death of their loved one.
What Is a Marvin Claim?
A Marvin claim, named after the landmark California case Marvin v. Marvin (1976), is a type of contract claim between unmarried partners. The court in Marvin recognized that while California does not recognize common law marriage, it will enforce agreements made between people in a non-marital relationship about financial support or property sharing.
In other words, if one partner promised to support the other financially or leave them certain property in exchange for services (such as domestic labor, companionship, or helping to build a business), that promise might be enforceable—even without a marriage.
These agreements can be written, oral, or implied from the conduct of the parties. The surviving partner has the burden to prove that such an agreement existed and that they relied on it.
Key Features of a Marvin Claim:
- The claim is based on contract law, not family law.
- It can include requests for property division, support, or reimbursement.
- If one partner has died, it may be filed against the assets of the decedent’s estate (or their trust, if assets were held in trust).
When Is a Marvin Claim Appropriate?
A Marvin claim may be appropriate if:
- The decedent promised to share property or support the surviving partner
- The couple lived together in a long-term relationship resembling a marriage
- The surviving partner made contributions to the household, business, or family finances with the expectation of sharing in assets
- There is no will or trust that provides for the surviving partner
For example, suppose a woman lives with her partner for 20 years. She helps him build a successful business, cares for his children, and manages their household. He repeatedly promises that she will be taken care of. But when he dies, his children inherit everything and she is left with nothing. In this case, she may have a strong Marvin claim to recover some portion of the estate or business value.
Proving a Marvin Claim Can Be Challenging
Because these agreements are often unwritten, courts rely heavily on circumstantial evidence. Text messages, emails, joint bank accounts, shared property expenses, and witness testimony all become key.
That’s why it’s critical to act quickly and seek legal counsel if you believe you have a potential Marvin claim. The statute of limitations and probate deadlines can be unforgiving.
Other Legal Remedies for Unmarried Partners
In addition to Marvin claims, other legal tools may provide relief for a surviving partner in California:
1. Resulting or Constructive Trusts
If the surviving partner contributed financially to the acquisition or maintenance of property held in the decedent’s name alone, they may have a claim that the decedent held that property in a constructive or resulting trust for their benefit.
For example: - If both partners contributed to a house purchase but only one name appears on the title - If one partner paid mortgage or property taxes on property legally owned by the other
The court may determine that it would be unjust to allow the estate to keep the full value of the asset without compensating the surviving partner.
2. Promissory Estoppel
If the deceased made a promise to leave certain assets or support to the partner, and the partner relied on that promise to their detriment (for example, by leaving a job or making financial sacrifices), a claim for promissory estoppel may apply.
This is similar to a Marvin claim but doesn’t require proof of a contractual relationship—just reasonable reliance and injustice resulting from the promise being broken.
3. Quantum Meruit / Unjust Enrichment
Where one party provides services or benefits and the other party unjustly retains the value of those services, the law may step in to award compensation. In estate contexts, this could mean a surviving partner gets reimbursed for caregiving, business contributions, or household work.
This is a particularly useful remedy where promises were vague or never made, but the surviving partner clearly provided value to the decedent.
4. Equitable Remedies Against a Trust
If the decedent created a trust that leaves everything to someone else, but that trust was funded with assets acquired through the efforts or shared income of both partners, the surviving partner might be able to assert an equitable interest in those assets.
Trust litigation in these situations can be complex, especially if the trustee is resistant or hostile. But California courts are open to hearing claims grounded in fairness—even against trusts—if the facts support it.
Preventative Measures for Unmarried Couples
While legal claims like Marvin are available, they are no substitute for proper planning. The best way to protect an unmarried partner is through:
- A properly executed will or trust naming the partner as a beneficiary
- Joint title on real estate or financial accounts
- Life insurance policies naming the partner
- Clear, written agreements about property and financial support
- Powers of attorney for healthcare and finances
Too many partners find out after it’s too late that none of these protections were put in place. And by then, their only option is to sue.
Real-World Example
We recently worked with a client who had been with her partner for 17 years. They ran a small business together, shared a home, and filed joint taxes as domestic partners. Her partner died suddenly without a will. His adult children from a prior marriage claimed the entire estate, including the house she lived in and the business they built.
Because the couple had never legally married and her name was not on any of the documents, she had no automatic right to inherit anything. But she had kept copies of text messages, old tax filings, and receipts showing joint payments. We filed a Marvin claim, along with a constructive trust argument for the house.
After several months of litigation, we reached a favorable settlement that allowed her to remain in the home and receive compensation for her contributions to the business.
How Trust Law Partners Can Help
At Trust Law Partners, we represent individuals who find themselves left out of an estate or trust after the death of a partner or family member. Our focus is on litigation—not planning—and we know how to build persuasive cases even when the odds seem stacked against you.
We don’t take every case. But if you were in a long-term relationship and your partner passed away without providing for you, we can review your options and determine whether a Marvin claim or other legal theory might apply.
We also handle trust contests, financial elder abuse claims, and lawsuits involving undue influence or incapacity. If there’s a path forward to protect your rights, we will work with you to find it.
Final Thoughts
California’s lack of common law marriage is not just a legal technicality—it has real and painful consequences. Surviving partners are often left out of the very estate they helped build, simply because the relationship was never formalized.
But with the right legal approach, it is possible to obtain justice. Whether through a Marvin claim, a constructive trust, or another remedy, courts in California will sometimes step in when fairness demands it.
If your partner passed away and you were left out of their estate plan, call us. We know how to fight these cases—and we know how to win.
Call Trust Law Partners, LLP 833-878-7852 for a confidential consultation.
