Watts v. Watts
A party to a nonmarital cohabitation may make a claim for restitution on the theory of unjust enrichment.
Lawlis v. Thompson
A party to a nonmarital cohabitation may make a claim for restitution on the theory of unjust enrichment.
Articles on Issues Regarding Non-Marital Remedies
Articles on issues regarding non-marital remedies.
Stuart v. Stuart
In light of a party’s right to maintain a tort action against a spouse and the inadequacies of the divorce forum to fully address such a claim, it would be contrary to public policy to require a party to join a tort claim in a divorce action. Public policy mandates that a party be permitted to commence a tort action subsequent to a divorce judgment.
Koestler v. Pollard
Both statutes and public policy prohibit “heart balm” suits and claims for criminal conversation.
Caulfield v. Caulfield
Wife’s action on contract was triable to jury and, thus, she could commence separate action on note outside of divorce action.
Knafelc v. Dain Bosworth, Inc.
Complaint alleging husband committed securities fraud should not have been dismissed following divorce. Since the suit did not allege a cause of action for breach of good faith duty between spouses, wife is not precluded from bringing a separate civil action.
Dahlke v. Dahlke
A common law action for unjust enrichment cannot be litigated in a divorce action.
Leonard v. Lynn
Unjust enrichment claim affirmed for half of assets accumulated during cohabitation. It is not necessary for plaintiff to have a direct, income-producing effort.
Jahimiak v. Long
Trial court affirmed for finding that Long had financial interest in real estate, but reversed for awarding a judgment rather than ordering a partition, which was only remedy sought.