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  • 6 Jan. 2014

    Navigating a Breakup: Why a "2 in 1" Attorney is Better When Unmarried Cohabitants Seek a "Marvin Action."

    Posted By The Buncher Law Corporation

    A so-called Marvin Action is a lawsuit for alimony or a division of property accumulated while two parties lived together although never legally married. About half of our Marvin Action cases start out in family law court, as a petition seeking divorce. The petitioner will either claim that the parties were in fact married, or that he or she had a good faith belief the parties lived as if they ...
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  • 25 Nov. 2013

    Can a Same Sex Partner Have a Community Property Claim in the Event of a Breakup?

    Posted By The Buncher Law Corporation

    The answer to this question is yes! The principles of the ground-breaking case, Marvin v. Marvin (1976) 18 Cal.3d 660, applies to both opposite and same sex couples. Same sex couples can form enforceable agreements, either expressly through words or a written document, or implicitly through their actions, to support one another, to pool their earnings or to share their property. As in any Marvin ...
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  • 21 Nov. 2013

    Can Sex During a Relationship Be Used to Prove Community Property Rights?

    Posted By The Buncher Law Corporation

    Often the question is raised whether sexual services can be part of a so-called Marvin Action, a lawsuit in civil court based upon agreements and obligations that arose in connection with a unmarried couple living together over a number of years. A Marvin Action - named for the landmark 1976 California court decision that awarded community property rights to the former live-in girlfriend of actor ...
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  • 18 Nov. 2013

    Eight Ways to Help Establish Your Eligibility to Share Property or Receive Support After Living Together Outside of Wedlock

    Posted By The Buncher Law Corporation

    A so-called Marvin Action is a lawsuit in civil court based upon agreements and obligations that arose in connection with a couple living together over a number of years. They are sometimes erroneously thought of as a common law marriage, which were outlawed in California in 1895. They apply to both opposite and same sex couples. Marvin Actions stem from a 1976 California court ruling that the ...
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  • 14 Nov. 2013

    Did You Know That Common Law Marriage Doesn't Exist in California?

    Posted By The Buncher Law Corporation

    In California, longtime cohabitating couples often believe that after living together for a set number of years, they have established a common law marriage. That may have been true in the 19 th Century. But not today. In California, unmarried partners who break up have rights under what is known as a Marvin Action. A Marvin Action is an action filed in civil court made by one party against ...
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  • 14 Jun. 2012

    Are There Any Advantages to Filing for Divorce First?

    Posted By The Buncher Law Corporation

    This post is part of a continuing series to help you through a basic primer on family law and what's in the court's powers to decide. Last week, I posted definitions and parameters of Visitation and how it affects support. In this post, I will go into a little detail about one of the most puzzling questions surrounding divorce filings. Divorce attorneys are often asked if there is a ...
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  • 4 Jun. 2012

    Trends for Divorce: The Next 100 Years

    Posted By The Buncher Law Corporation

    A few years back, I came upon a book titled The Next 100 Years, a Forecast for the 21st Century written by George Friedman, the chief intelligence officer and founder of Strategic Forecasting, Inc. (aka "Stratfor"). I won't get into a detailed discussion about the significance of the organization (aside from mentioning its nickname "the shadow CIA"), but the book is worth ...
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  • 24 May. 2012

    Is Marriage Better the Second Time Around?

    Posted By The Buncher Law Corporation

    Every morning Ms. Dillman kisses her husband goodbye then stands on the steps to wave goodbye as he drives off to work. And every afternoon the couple has a chat to just check in with one another. For both it is their second marriage. And this one has lasted 29 years. Is it luck that they found one another or simply the respect and love that they have for one another? A Wall Street Journal Article ...
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  • 21 May. 2012

    Epstein Credit and How it Works.

    Posted By The Buncher Law Corporation

    First Epistle to Timothy in Old Testament starts "For the love of money is the root of all evil." It goes without saying that the root of most divorces is discussion over money, or more accurately, the division of community property. And therein lies another saying worth repeating: the devil is in the details. Income earned after the date of the separation is treated by the court as ...
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  • 10 May. 2012

    Annulments Based on Fraud

    Posted By The Buncher Law Corporation

    Hollywood makes getting an annulment in California look easy: Kim Kardashian and Kris Humphries' after 72 days of marriage, Nicky Hilton and Todd Meister after 2 months, Ali Landry and Mario Lopez after a few weeks, just to name a few. Set the illusion aside and the facts will tell you that getting an annulment is no easy feat. Most courts apply the " Essentials of Marriage " when ...
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  • 19 Apr. 2012

    Facebook and the Family Law Courts: Divorce your Facebook Page

    Posted By The Buncher Law Corporation

    I never imagined that I would ever make this kind of suggestion, but as an Irvine family law attorney, and were I your attorney taking you through a divorce, I would strongly recommend that you also take steps to divorce your Facebook page as well. More and more we are seeing how social networking sites provide opposing counsel with evidence. Pictures can be incriminating as they can be ...
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