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Contracts Keyed to Murray
Wilcox v. Trautz
Facts
Wilcox (Plaintiff) and Trautz (Defendant) had lived together for over twenty years as an unmarried couple, when Plaintiff began a relationship with someone else. Defendant had his attorney draft an agreement setting out their rights with respect to the assets acquired during their relationship. Under the agreement, each party’s income and assets were that party’s alone. The agreement also provided that Plaintiff would vacate their home within thirty days after Defendant asked her to do so. Defendant told Plaintiff that if she did not sign the agreement, their relationship would end, and she would have to move out of their home. Defendant advised Plaintiff to seek legal advice before signing the agreement, but she did not. Plaintiff and Defendant both signed the agreement. At the time, Defendant had a significant amount of assets in his name, while Plaintiff had nearly none. Several years later, Plaintiff again began a relationship with another person. Defendant asked Plaintiff to move out of the home, and she refused. Plaintiff brought an action seeking a declaration that the agreement was invalid and unenforceable. The trial court held that the agreement was invalid and should not be enforced. Defendant appealed.
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