Unjust enrichment

After a 7 year long relationship and a break-up with no resolution. I am looking for case law or precedents pertaining to unjust enrichment cases that included cohabiting couples. Sorry if this is a posted in the wrong forum. If I have done so please tell me where to post it. It seems to me that the law doses not recognize cohabiting couples and protect their rights. Any in site or help would be appreciated.

What are you asking? What is your legal question? You cannot seek legal action against someone who simply doesn't want to have a relationship with you any longer.
Unjust enrichment is a principle of British law, not primarily American law and it has nothing whatsoever to do with relationships. Unjust enrichment deals with the obtaining property at the cost of another. For example, lets say I am not home and someone walking past grabs my weed eater off the porch and "sells" it to the neighbor down the street. I drive by my neighbors house and see him using my weed eater. Upon being notified that it is mine, he must return it. This is also the case even when the property isn't obtained through illegal means. This has nothing to do with a relationship ending.

What exactly is it you are trying to do? Sue someone for dumping you?

I am suing my ex-boyfriend in civil court for unjust enrichment. and no I Dump him. We had a seven year relationship that ended. during the seven years we started a business. I invested a lot of money not only in the business but remodeling our home. I basically ended up walking out of the relationship with a shirt on my back and my children. I feel he has been unjustly enriched by our relationship. my question to you was is there any case precedents or law that would help. I cannot be the only woman in the world that is going through in my opinion a divorce without a marriage. I was simply asking for help .

Such as Watts v Watts (Supreme Ct of Wisconsin 1987) any thing like this case.

MAIN RULE

Unmarried cohabitants may raise claims based upon unjust enrichment following the termination of their relationships where one of the parties attempts to retain an unreasonable amount of the property acquired through the efforts of both.

So, your question is, how do you protect your financial interest in the relationship? And does the court view your relationship as a common law marriage?

Watts vs Watts is nearly twenty years old. I haven't time time or inclination to determine if the Court's ruling was upheld on appeal or not. But one thing I feel relatively confident about---it has certainly been challenged/amended/overturned in the last twenty years. Case law precendents are important. But, in order for them to applicable, they need to be as close to current as possible. A case ruled upon twenty years ago has been, I bet, challenged and/or overturned.

Since Wisconsin does not recognize common law marriages, regardless of how long they lasted, you need to rely on other laws to govern the separation of assets accumulated over the course of your relationship. If the items in question are of considerable value, I'd call an attorney and ask for mediation. If it is not that appreciable of an amount, sue in small claims court, but be willing and able to prove what you purchased and to what you contributed.

Marriage is made for a reason, not only from a spiritual standpoint, but also, obviously, in part, for legal protection in cases just like yours. Shack-ups ( I'm not sure what is the proper term to call it ) ---living together long term without the benefit of marriage relationships ( whew that was so much longer!! ) doesn't afford you any protection that married couples have if the marriage dissolves. Doesn't seem fair, but thats how the ball rolls.

Consult an attorney if you feel you have been treated unfairly. But realize, also, that you are not afforded the same protection under the law as a married woman is. Not says me, says the law. But, I am certain that an appreciable amount of money, such as might be gained through a business venture, is worth hiring an attorney. I would do so immediately, but only if you can prove through receipts specifics, such as "On May 3, such and such a year, I wrote a check for the deposit on the building we rented to start our business." And them provide the cancelled check, written on YOUR checking account. Realize, though, that if you had joint checking accounts, savings accounts, etc. it will be a logistical nightmare to separate what was yours and what was not.


Cohabitation Common Law Marriage Under Wisconsin Law

Please check your private message above for information that may be of some help to you. You may have cause in regards to the joint business you posted above and any monies owed you; an attorney would need to review any business agreements, contracts, etc. to determine whether or not that is the case. If he's in fact profiting from the clients in your previous jointly owned business, that might be something to pursue. (Just an example.) If you jointly signed on the home and are currently in title, you are entitled to an equal share of the proceeds upon the sale. (Another example.) You didn't post much about that particular aspect; I'm only using it as an illustration here.

Unfortunately, most US courts don't recognize debts within a cohabitation (unmarried state) unless of course, he borrowed monies from you and neglected to pay it back. That would possibly involve a small claims issue .. and again, an attorney might be of more help with the actual facts, documents, etc. in front of him/her. There's no real "division of assets" in that type of situation; you won't have much luck pursuing that avenue simply by virtue that you weren't married. That being said, there may be something within both the joint business (if in fact it was operated and maintained jointly) and possibly, the house mentioned above.

At the very least, I believe it's worth a telephone call. Good luck.

We had a domestic partner relationship for 3 years. During the 2nd year we built a house together. I did all of the general contracting services as well as coordination with sub-contractors. Further, I did all of the interior trim, 80% of the flooring, door hanging and insulation. The house was appraised at about $45,000 more than it cost to build. I had put over 1000 hours in the 8 month project.

During our relationship, she always stated sen'd NEVER get married and to not "go there".

A few months ago, she met some other man on the internet and I discovered documentation that she planned to marry him. She told me to move out.

Note that due to her stellar credit and my less-than-perfect credit the construction loan was 100% in her name as was the final mortgage.

I have a multitude of witness who can attest to the work and commitment to the project.

She has gained the value of my services while I have nothing for all my effort. Note that I did contribute over $500 per month toward the house, plus maintenance, plus 1/2 of the heating costs.

Do I have a case?

Thanks

It appears you paid your rent in services. Your contributions toward materials or payment for subs out of your own bank account would be
actionable items. Sounds like your lady friend took you to the cleaners. Perhaps if you have detail information of those hours you should put it in an invoice to her and ask to be paid for the WORK you did. I'd say you should take her to small claims court anyway and see if the judge will take pity on you and allocate a percentage to you. It won't cost much and regardless of whether you win or not, it will make you feel better to let her know she is not only a cheat, but a liar and a thief. Might make her new friend think twice.

The issue here is NOT cohabitation. It is money you used toward the house that you should be repaid. It is whether or not you were partners in the business if you were putting money INTO it. Regardless of why you left the house, if you were partners in the business even without documentation other than a verbal agreement, you OWN a piece of it. He would have to pay you half the profits if that is the share you would like to request.

In other words, dear, YOU NEED A LAWYER. Your ex partner may just want to settle for a nice sum, so tell him what you have in mind before you file the suit... telling him YOU WANT YOUR SHARE... and then you tell him how much you think is fair... but talk to your lawyer first. If the amount is less than $8000 (for small claims court limits in some states), consider having the lawyer help you understand your rights in the business. Make sure you bring proof of your financial outlays.

Do not forget that I also gave about $525.00 per month toward the house, and paid about 55% of the heating costs for the last couple of winters. I have "run into" a couple of the sub contractors and both have said that I should be reimbursed for all that I did. She gained about 40k to 50K in value of the house - from what it cost to build.
Small calims may not be an option. The limit is about $4,500 and for about 1000 hours time $10.00 per hour is about $10,000. ANd $10.00 per hour is on the low side of what would have been a fair price and a lot less than it would have cost her to hire someone.