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Cook v. Cook

Supreme Court of Arizona

691 P.2d 664 (1984)

Relevant factsFree

Rose and Donald Cook (plaintiff and defendant) lived together unmarried for twelve years, holding themselves out as husband and wife and agreeing to pool their earnings and share equally in joint accumulations through jointly titled accounts used for household expenses; when Rose left in 1981 retaining only minimal property, she sued Donald for breach of their pooling agreement. The court of appeals ruled for Donald, holding Arizona law did not permit dividing property acquired during nonmarital cohabitation pursuant to such an agreement.

IssueFree

Whether an agreement made between unmarried cohabitants regarding property ownership is enforceable so long as it is supported by consideration independent of the meretricious relationship.

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