Carnes v. Sheldon
Michigan Court of Appeals
311 N.W.2d 747 (1981)
Bonnie Carnes (plaintiff) moved in with Charles Sheldon (defendant) in 1967, performing household chores and childcare for his family while he worked, and later also worked outside the home to help pay bills after the couple moved to a larger house; after a decade together, Sheldon refused to marry her and the relationship ended. Carnes sued for an equitable division of property, arguing either an express agreement based on a promise to marry or, alternatively, an implied contract requiring equitable division; the trial court found no evidence of a marriage promise and held implied contracts aren't recognized in this context, and Carnes appealed.
Whether a court will recognize an implied contract between unmarried cohabitating parties where common-law marriage is illegal and recognition of the implied contract would have the effect of acknowledging common-law marriage in contravention of the legislature.