Watts v. Watts

• In the early 1970s, Ms. Evans met Mr. Watts when she was 19 years old.
• She started co-habiting with her lover based on his assurance that he would provide for her.
• She abandoned her career plans.
• The un-married couple lived together.
• They begot 2 children & raised them over the next 12 years.
• She took the last name of Watts.
• They became common-law spouses.
• The couple identified as spouses on their joint bank accounts, tax returns, home loans, and insurance policies.
• Initially, the mother took a part-time position at the company of Watts.
• Later, she started her own company.
• The couple separated in 1981.
• The wife moved out.
• The husband refused to give her any of the couple's property.

• The wife took the husband to court.
• The wife sought a division of assets.
• The woman lost in the trial court for failure to state a claim.

Can someone in a non-marital, co-habiting relationship claim a share of property accumulated during their romantic relationship?

• An un-married cohabitant may bring claims for breach of contract, unjust enrichment, & partition of property to seek a share of property accumulated during the relationship.
• Decided May 11, 1987
• Decided September 26, 1989

• A contract may be implied by the parties' conduct. A legal marriage isn't always necessary.
• A woman's childbearing or domestic services is sufficient consideration to form an enforceable contract.