Wilcox v. Trautz

693 N.E.2d 141 (1998)

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Nature of the Case

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Facts

In 1967 when P was 22 and D was 25 they began living together. D earned about $100 more per week than P. D was employed as a meat cutter and P was employed as a meat wrapper at the same company. P had completed the 10^th grade in high school and eventually got a high school equivalency diploma. D had completed the 11^th grade. They moved from their initial apartment to a house they purchased in 1973. D purchased the house, and it was sold three years later, and D bought another property. Both homes were titled in D’s name only. They resided there until their trial. From 1972 until 1993, P contributed $25 per week toward general household expenses and performed the household duties including all the buying of food and clothes for which she paid for solely from her earnings as well as the cooking, cleaning, and laundry. She also entertained the parties’ friends and family in the parties’ home. P contributed some of her money to the maintenance and improvement of the house. At the time of trial, P had not secured her investments in the home nor did she have any savings and only a small pension. P’s contributions enabled D to use some of his funds to purchase and maintain his real estate and an airplane. In March 1989, P became involved in another relationship and D sought legal advice regarding the rights over the assets acquired. An agreement was drafted by D’s attorney, and D presented this to P and told her that if she did not sign it their relationship would be over and she would be required to leave the house. D advised her that she should seek legal advice before signing. She did not do so and then a few days later signed the agreement before a notary. At the time of the agreement, D owned the house worth $180,000, an airplane valued at $55,000 and various bank account balances of $1,300, individual retirement accounts and a ½ share of Maine real estate valued at $15,000. P had no assets in her name other than a bank account and a ½ share of the Maine real estate. P also owned personal items, and the parties were aware of each other’s financial status at the execution of the agreement. The agreement provided that P was to vacate within 30 days if she was involved in another relationship. That event occurred in 1992 and D gave her 30 days notice under the agreement. P refused to leave and instead moved into a bedroom in the house until this trial. This was an action in Probate and Family Court from which P sought a declaration that a written agreement between the parties was unenforceable. The judge concluded that it was invalid and unenforceable. This appeal resulted.