California Legal Implications: Cohabitation Risks and Asset Protection
A recent lawsuit involving “Back to the Future” actor Crispin Glover highlights the severe legal and financial complications that can arise when unmarried individuals live together without clear legal agreements. As reported by TMZ, Glover is facing a lawsuit from a woman claiming he lured her to Los Angeles with promises of housing and employment, only to allegedly assault her and evict her from his home. Glover denies the allegations, asserting he was the victim of assault and citing a restraining order he filed against the accuser., Glover is facing a lawsuit from a woman claiming he lured her to Los Angeles with promises of housing and employment, only to allegedly assault her and evict her from his home. Glover denies the allegations, asserting he was the victim of assault and citing a restraining order he filed against the accuser.
While the criminal and tort allegations of battery are matters for criminal and civil court, the underlying dispute regarding housing, promises of support, and ownership of personal property (including pets) directly relates to California estate planning and family law. For California residents, this case serves as a stark reminder of the importance of Cohabitation Agreements, Pet Trusts, and comprehensive estate planning to protect against litigation and clarify rights between unmarried partners., and comprehensive estate planning to protect against litigation and clarify rights between unmarried partners.
The Myth of Common Law Marriage in California
One of the most dangerous misconceptions in California law is the idea of “common law marriage.” Unlike some other states, California does not recognize a couple as married simply because they have lived together for a specific period or hold themselves out as spouses.
In the Glover case, the plaintiff alleges she sold her belongings in Europe based on promises of a life in Los Angeles. Without a marriage license, an unmarried partner generally has no automatic right to:
– Community property
– Spousal support (alimony)
– Inheritance rights regarding the other partner’s estate
To prevent disputes like the one currently facing Glover, unmarried couples should consult with an attorney to draft a Cohabitation Agreement. This contract outlines who owns what property, how expenses are shared, and what happens to assets and housing if the relationship ends or if one partner passes away.. This contract outlines who owns what property, how expenses are shared, and what happens to assets and housing if the relationship ends or if one partner passes away.
“Marvin Actions” and Implied Contracts
The plaintiff in the Glover case claims she was promised housing and a career in exchange for moving to the U.S. and working as an assistant. In California, this touches upon legal principles established in the landmark case *Marvin v. Marvin*.
A Marvin Action allows an unmarried partner to sue for financial support or property rights if they can prove there was an express or implied contract to share assets or provide support. These lawsuits can be incredibly expensive and damaging to one’s reputation. allows an unmarried partner to sue for financial support or property rights if they can prove there was an express or implied contract to share assets or provide support. These lawsuits can be incredibly expensive and damaging to one’s reputation.
Effective estate planning can mitigate these risks. By creating a Revocable Living Trust, an individual can clearly designate exactly who beneficiaries are and explicitly state that no other persons have a claim to the estate. Furthermore, written employment contracts or rental agreements can prevent ambiguity regarding whether a live-in partner is a tenant, an employee, or a guest., an individual can clearly designate exactly who beneficiaries are and explicitly state that no other persons have a claim to the estate. Furthermore, written employment contracts or rental agreements can prevent ambiguity regarding whether a live-in partner is a tenant, an employee, or a guest.
Protecting Pets with California Pet Trusts
The lawsuit against Glover specifically mentions a dispute over the plaintiff attempting to retrieve her cats from the residence. In California, pets are legally considered personal property, but they are also beloved family members. Disputes over pet ownership during a breakup or after an owner’s death are increasingly common.
California Probate Code Section 15212 allows for the creation of a Pet Trust. This legal tool allows a pet owner to:
– Designate a caregiver for their pets.
– Set aside funds specifically for the pet’s care (vet bills, food, shelter).
– Enforce instructions on how the pet should be raised.. This legal tool allows a pet owner to:
– Designate a caregiver for their pets.
– Set aside funds specifically for the pet’s care (vet bills, food, shelter).
– Enforce instructions on how the pet should be raised.
While usually used for estate planning in the event of death or incapacity, establishing clear ownership and care plans for pets in writing can help resolve disputes quickly when relationships dissolve., establishing clear ownership and care plans for pets in writing can help resolve disputes quickly when relationships dissolve.
Safeguarding Assets from Litigation
Glover is currently facing claims for damages related to assault and emotional distress. While insurance often covers negligence, it rarely covers intentional torts (acts committed on purpose).
For individuals with significant assets, proper planning is essential to insulate wealth from potential creditors and predators. While a standard Living Trust does not provide asset protection during your lifetime, advanced planning strategies involving Irrevocable Trusts or separate entity structures (like LLCs) can provide layers of protection against future lawsuits. or separate entity structures (like LLCs) can provide layers of protection against future lawsuits.
About This Case
Source: ‘Back To The Future’ Actor Crispin Glover Sued for Battery
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Legal Disclaimer
This article is for informational purposes only. Consult with a qualified California estate planning attorney for advice specific to your situation.