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Michelle Marvin dies, but her legal legacy lives
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Michelle Marvin died Friday, at the age of 76.
Michelle set case precedent in 1976, when she won a contract enforcement lawsuit against her then-partner, actor Lee Marvin.
Michelle never married Lee, but they cohabitated for six years as a couple, and she took his name. When they broke up in 1970, Lee kicked her out of their house, which was recorded in his name. Michelle went to court, asserting that she and Lee had entered into a verbal agreement in October 1964, to the effect that they would live together, hold themselves out as married, combine all of their earnings, and share all property accumulated during their relationship.
Michelle claimed that she relied on their verbal contract to her detriment, abandoning a lucrative entertaining and singing career to devote herself to the relationship full-time. She asked the trial court to uphold the parties' agreement, by imposing a constructive trust on half of the property acquired during the relationship. The trial court refused, but the California Supreme Court reversed that decision.
The California Supreme Court granted discretionary authority to family law trial courts, to enforce verbal contracts such as the one between Michelle and Lee, since the courts' jurisdiction to do so is not expressly codified in the Family Law Code.
Family law courts in California still hold this authority. When a formerly cohabitating party requests property division or financial support, the Court analyzes the issue according to contract enforcement principles. The claimant must prove by a preponderance of the evidence (i.e., more likely than not) that the contract existed.
Where the alleged contract runs contrary to record title, however, the claimant has a higher burden of proof: that, by clear and convincing evidence (i.e., beyond a reasonable doubt), the other party intended to equally divide the asset held in her/his name upon separation.
In my seven years of family law practice, Marvin claims have occasionally arisen, but they have been rare. The current trend for unmarried people is to remain financially independent of their partners before - and, in many cases, during - marriage.
Also, case precedent informs the thinking of future generations. Though Michelle and others have prevailed in these claims, it has not happened without the hassle of litigation. These days, to the extent that cohabitating couples unevenly accumulate property, but plan for equal division of that property if they separate, most document their intentions in a written contract.
Michelle never married. In the 30 years preceding her death, Michelle cohabitated with actor Dick Van Dyke.
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