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Family Law Keyed to Weisberg
Rivkin v. Postal
Citation:
2001 WL 1077952 (Tenn. Ct. Ap. 2001)Facts
David Rivkin and Lori Postal met in April 1994. Mr. Rivkin was a married man with three children and a successful produced. Ms. Postal was a 28-year-old divorcee. Within a short period of time, they began living together. They had a child together in Septemeber 1995. Mr. Rivkin was the parties sole source of support and was able to provide an effluent lifestyle. Ms. Postal was concerned that her family knew she was living with a married man and had given birth to his child. She wanted Mr. Rivkin to buy her an engagement ring and he refused, so she ordered a ring for herself and told her parents that she and Mr. Rivkin were planning to wed after he was divorced. Mr. Rivkin did not contradict her but the parties never discussed wedding plans. In March 1997, Mr. Rivkin divorced his wife and then, three months later, ended his relationship with Ms. Postal. In Sepetember 1997, Mr. Rivkin filed suit seeking partition of the parties’ jointly-owned property and the return of his personal property that was still in Ms. Postal’s possession. Ms. Postal responded with a counterclaim seeking damages for breach of promise to marry.
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