Fleming v. Spencer
Court of Appeals of Washington
110 Wash. App. 1017 (Wash. Ct. App. 2002)
Norman Spencer (defendant) and Sheila Fleming (plaintiff) moved in together in 1983, while Spencer was separated but not yet divorced from his then-wife; his divorce finalized in 1985. Later in 1983, Spencer took out a loan and bought property, which he paid off using funds he and Fleming held jointly, and the two lived together on it from 1984 to 1999, filing joint tax returns and sharing bank accounts and bills. When Fleming sued to dissolve their relationship, the trial court included the property in the asset distribution, and Spencer appealed, arguing no meretricious relationship existed when he bought the property in 1983 because he was still legally married.
Whether a party in a meretricious relationship is entitled to property acquired during the relationship, absent a showing that the property was acquired with funds that would otherwise be separate property if the parties were married.