This section contains the nature of the case and procedural background.

W and H lived together for a number of years as an unmarried couple. The relationship deteriorated in 1979, and the parties split up. W sued seeking an equitable division of property accumulated during the years that she and H had lived together and seeking custody of H's child with another woman. The child was awarded to the natural mother and W failed to prove an express agreement to share and denied recovery under an implied contract theory. W appealed.

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