Sue Ann Watts (evans), Plaintiff-Appellant v. James E. Watts, Defendant-Respondent

Summary

The Wisconsin Supreme Court, at the pleading stage and on a question of first impression, held that sec. 767.255 does not authorize property division between unmarried cohabitants and rejected 'marriage by estoppel.' It nevertheless held that the complaint states claims for breach of express or implied-in-fact contract, unjust enrichment (including constructive trust), and statutory or common-law partition arising from a 12-year nonmarital cohabitation. The judgment dismissing the complaint was reversed and remanded.