Research the following case: Marvin v. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134
ID: 397338 • Letter: R
Question
Research the following case: Marvin v. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815 (1976) Submit a case brief using the following IRAC format:Facts: Detail what happened in your own words. Issue: What is the legal question to be answered before the court? Holding: The answer to the question Rule of Law: What does the law state? Analysis: Explain why the court ruled the way it did. Conclusion: Tie it all together
You will be graded on spelling, grammar, content, organization, and formatting. Research the following case: Marvin v. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815 (1976) Submit a case brief using the following IRAC format:
Facts: Detail what happened in your own words. Issue: What is the legal question to be answered before the court? Holding: The answer to the question Rule of Law: What does the law state? Analysis: Explain why the court ruled the way it did. Conclusion: Tie it all together
You will be graded on spelling, grammar, content, organization, and formatting. Research the following case: Marvin v. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815 (1976) Submit a case brief using the following IRAC format:
Facts: Detail what happened in your own words. Issue: What is the legal question to be answered before the court? Holding: The answer to the question Rule of Law: What does the law state? Analysis: Explain why the court ruled the way it did. Conclusion: Tie it all together
You will be graded on spelling, grammar, content, organization, and formatting.
Explanation / Answer
Issue
The case is that of a couple living with each other for seven years, and, wife of the man involved in the relationship. The female in the live-in relationship has taken Marvin to court for assets accumulated while she was living with him.
Rule
She cannot get access to the property as he is married. The property is community property as per Family law.
Analysis
The wife has the right to the property. She can claim half of it. If Marvin seeks divorce from his wife, then the female living with him can claim her right over the property and assets he receives. This will be true in case the relationship can be proved to be not that of meretricious sexual services. In such a case the resources can be said to have been pooled over the years, and, the female in the relationship can get a share. As per law, couples not in a marital relationship can decide on pooling their assets, or, the assets can be kept as earned by, or, contributed by each of the two.
Conclusion
In Marvin vs. Marvin case, the partner in the non-marital relationship does not get property rights, as the wife has rights to the property under the Family Law Act for community rights.
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