A Marvin claim is not a family law matter. Thus, it must be filed as a civil action in civil court.
Unlike family law, in a Marvin Action, there is a statute of limitations or a deadline to file the lawsuit based on the specific claim. These claims may include breach of express or implied contract, implied partnership agreement or joint venture, anticipated remuneration or compensation for work or services performed, unjust enrichment, partition of real property, fraud and additional legal remedies.
On rare occasions, a couple may have both a Marvin Action and a divorce if living together for a considerable time prior to marriage.
There are three primary factors that we look for in a Marvin Action in order to assess its strengths and weaknesses.
- Was there an implied, written and/or verbal contract between the parties that was breached? (Examples include: alleged agreement to share property acquisitions equally and/or provide “lifetime” support for some period of time, also known as palimony.)
- Is there evidence to support the breach of contract claim? Examples include joint bank accounts, retirement accounts, credit cards, cards, letters or emails that support the claim.
- What are the damages? Are they substantial and does the party that is being sued have sufficient funds to pay the damages?