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Question: Michelle and Lee Marvin, who lived together from October 1964 through May 1970 without marrying, entered into an oral agreement stating that while they lived together they would share their earnings and all property acquired and would hold themselves out to the general public as husband and wife. Michelle even took Lee's last name. She agreed to give up her career as an entertainer and singer to devote herself full time to Lee as a companion, homemaker, housekeeper, and cook. In return, Lee agreed to provide her with financial support for the rest of her life.
In May 1970, Lee asked Michelle to leave and refused to provide further support for her. She then sued him for one-half of the money and property acquired during the time they lived together. Lee defended on the grounds that Michelle was not entitled to anything. He claimed that their agreement was illegal, having been based on an immoral and illicit relationship in which Michelle was to perform sexual favors for him. Michelle claimed that although part of their relationship was sexual, the agreement to live together with Lee was not tied to their engaging in sexual relations but rather to sharing their earnings and property rights. Is Michelle entitled to her claim? (Marvin v. Marvin, 557 P.2d 106 Cal.)
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