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Is it to late to file my Marvin action? The importance of understanding the Statute of Limitations.

DISCLAIMER: The following information is not meant to be legal advice. It offers alternatives, tips and resources for those with no means to hire an attorney.

What is the Statute of Limitations?

Before discussing the statute of limitations in a Marvin agreement situation, it is important to have a basic understandng of the statute of limitations in general. In the simplest of terms, the statute of limitations is the time limit you have to bring a lawsuit. Typically, that time limit begins at the moment the cause of action occurs. For example, in a personal injury case where an individual slips in a store and breaks her ankle, the time limit to bring her claim begins the moment she breaks her ankle. If that individual attempts to bring a lawsuit after the applicable statute of limitations has elapsed, she will most likely be unable to prevail.

What is the Statute of Limitations for a Marvin Action?

A Marvin Action is an action for a breach of an agreement between a couple in a non-marital cohabitation relationship. As such, it is subject to the statute of limitations applicable to contract terms. The statute of limitations begins to run as to a contract cause of action at the time the contract is breached. In other words, the time limit to bring a lawsuit starts the moment the other party refuses to perform his or her obligations under the contract. In Marvin situations, this usually occurs when the couple splits up. There are various time limits that can apply in Marvin Actions. A brief list of those time limits are as follows:

  • For breach of a written Marvin Agreement, the statute of limitations is 4 years from the time of breach.
  • For a breach of an oral Marvin Agreement, the statute of limitations is 2 years from the time of breach.
  • For a breach of an implied Marvin Agreement, the statute of limitations is 2 years from the time of breach.
  • If a promise or agreement was made for an "after-death" distribution of assets via a will, trust or other instrument, an action to enforce that promise must be brought within 1 year of the death of the person making the promise.

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