Watts v. Watts
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Watts v. Watts | |
Court | Wisconsin Supreme Court |
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Citation | 405 N.W.2d 305 (1987), 152 Wis.2d 370, 448 N.W.2d 292 (1989) |
Date decided | September 26, 1989 |
Facts
- 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.
Procedural History
- 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.
Issues
Can someone in a non-marital, co-habiting relationship claim a share of property accumulated during their romantic relationship?
What are the property rights of un-married co-habitants?Holding
- 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
Judgment
Reversed
Reasons
- 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.
Comments
At least 1 U.S. state has ruled against an un-married co-habitant.
Resources