Marvin v. Marvin

*665Opinion

TOBRINER, J.

During the past 15 years, there has been a substantial increase in the number of couples living together without marrying.1 Such nonmarital relationships lead to legal controversy when one partner dies or the couple separates. Courts of Appeal, faced with the task of determining property rights in such cases, have arrived at conflicting positions: two cases (In re Marriage of Cary (1973) 34 Cal.App.3d 345 [109 Cal.Rptr. 862]; Estate of Atherley (1975) 44 Cal.App.3d 758 [119 Cal.Rptr. 41]) have held that the Family Law Act (Civ. Code, § 4000 et seq.) requires division of the…