Milian

Plaintiff and cross-defendant Arthur Milian appeals from an interlocutory judgment of partition, in which the trial court ordered certain property sold and the net proceeds of sale divided equally between Milian and his co-owner, defendant and cross-complainant Sylvia Ann Sanchez De Leon (Sanchez). On appeal, Milian contends the court prejudicially erred in applying Marvin v. Marvin (1976) 18 Cal.3d 660 [ 134 Cal.Rptr. 815 , 557 P.2d 106 ] to the circumstances of this case. Alternatively, he urges the court’s finding of an implied contract between the parties for equal ownership and equal division of the property was not supported by substantial evidence. Finally, Milian requests, in the event the matter is reversed and remanded, that we issue directions to the trial court concerning the calculation of credits claimed to be due him in the accounting he asserts is required and in respect to disposition of the personal property in dispute.

Facts

Milian and Sanchez began dating in 1970. Their relationship continued for eight years but ended without marriage. Sanchez testified the two became engaged in 1976 and set a marriage date for approximately one year later. According…