M. v. H

Facts

M. and H. were women living together in a same-sex relationship that continued for at least 5 years. They occupied a home that H. owned and paid the upkeep for, but the parties agreed to share living expenses and household responsibilities equally. In 1982, M. and H. started their own advertising business, which enjoyed immediate success. H.’s contribution to the company was greater than M.’s, because M. had no previous experience in advertising and eventually devoted more of her time to domestic tasks. The parties continued to be equal shareholders in the company. The two bought properties together, eventually resulting in the construction of a country home. A downturn in the advertising business created increased debt, and H. took an outside job and placed a mortgage on her home. M. unsuccessfully tried to find employment. M. and H.’s relationship deteriorated, and H. presented M. with a draft agreement to settle their affairs. On the same day M. took some of her pe rsonal belongings and left the common home. H. changed he locks on the house. The parties did not divide the personal property or household contents. M. encountered serious financial problems, and in 1992 sought an order for partition and sale of the house, a share of the business, and a claim for support under the Family Law Act (FLA). She also challenged the constitutionality of Section 29 of the Act. H.’s motion for summary judgment was dismissed.