Describe the nature and significance of the Marvin decision. How did the case help alter the approach taken by courts to disputes between cohabiting couples upon dissolution of their relationship?

Question

What will be an ideal response?

Answer 1

The essence of the decision was that it established standing for cohabitants in California to seek relief when their relationships terminate. The court held that cohabitation agreements should no longer be considered void as contrary to public policy unless the sole consideration for the agreement was "meretricious sex" making the contract an agreement for prostitution and illegal. Because it was such a high profile case, it served as an encouragement to cohabitants to execute cohabitation agreements and to pursue equitable relief in the absence of agreements when their relationships end. It also eased the path for courts in other states to provide comparable relief and to apply a variety of theories of relief such as trusts, implied contracts and partnerships, etc. Some students may mention that cohabitation may not be legal in all states. They may also mention that Marvin involved a heterosexual couple but that the basic remedies will likely also apply to same-sex couples in most states.