Watts v. Watts

Facts

This case involves a dispute between Plaintiff and Defendant over their respective interests in property accumulated during their nonmarital cohabitation relationship, which spanned twelve years and produced two children. Plaintiff and Defendant met in when she was nineteen years old and shortly thereafter Defendant persuaded Plaintiff to move in with him. The parties lived together holding themselves out to the public as husband and wife. Plaintiff assumed Defendant’s last name and she gave birth to two children who were also given Defendant’s last name. The parties filed joint tax returns and maintained joint bank accounts asserting that they were husband and wife. Defendant had a life insurance policy with Plaintiff has beneficiary and insured his wife on his health insurance policy. During the relationship Plaintiff contributed childcare and homemaking services and maintained their home. Plaintiff contributed personal property to the relationship that she owned prior to th e relationship. The Plaintiff also worked part time at the Defendant’s office. Plaintiff asked the circuit court to order an accounting of the Defendant’s personal property and business assets accumulated between the duration of the parties’ cohabitation and to determine Plaintiff’s share of this property. The circuit court dismissed the amended complaint concluding that the statute authorizing a court to divide property does not apply to the division of property between unmarried persons.