Evaluating a Claim

The cost to bring a civil court action through trial is considerable. It is important for both plaintiffs and defendants to evaluate their circumstance in determining if a valid claim is present and to ascertain if it will be strong and compelling enough to a judge and/or jury.

Issues to Consider

• Length of the relationship.
• Did one party give up his/her career to support the others career aspirations?
• Did both parties contribute to the purchase of any real property?
• Did one party perform valuable, and often uncompensated, services that the other benefited from?
• Did the parties work together to create anything of value?
• Was there an express or implied agreement to share property or for one party to support the other?
• Did any joint accounts exist or was one person on the other’s health insurance policy, life insurance policy or 401K as a beneficiary, or the like?

Defending a Claim

As with any contract, Marvin Action claims are subject to a variety of potential defenses with several that are just applicable to these claims. Some examples include:

• Expiration of the statute of limitations
• Meretricious consideration; sexual acts form an inseparable part of the contract, which is unlawful
• Lack of mutuality
• Plaintiff breached the contract
• The legal presumption in favor of the owner of legal title for real property
• Defense of “unclean hands”, meaning that the plaintiff should not be entitled to obtain an equitable remedy because he/she has acted unethically or in bad faith

Over the years, we have had a number successful Marvin Action wins both for plaintiffs and defendants. If you have separated from your partner or are thinking of doing so and wish to know your legal options, we have the skills and experience to vigorously represent you.