In Re Marriage Of Heinzman

596 P.2d 61 (1979)

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Nature of the Case

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Facts

This case was commenced as an action for dissolution of a common law marriage between F and M. The court found that there was no marriage, and the court proceeded to a determination of their respective rights in a residential property, the title to which was in their names in joint tenancy. In 1970, F had been occupying the residential property as a tenant. That summer, it appeared that her tenancy would end as the owner intended to sell the property. M entered into a contract to purchase it in July 1970, and the real estate transaction thereunder was 'closed' the following December. M moved into the residence in late September 1970, and he and W resided there until June 1973. By deed executed by M, the residential property was conveyed to M and F in joint tenancy. W was there designated as 'Beth Lavato.' In June 1973 W moved to Sparks, Nevada, and she and M did not live together thereafter. M married another on August 26, 1974. The case was tried on June 20, 1975. The court found that M intended and wished to marry W and gave her an engagement ring in the spring of 1971. It determined that the gift of real estate was a gift conditioned upon the subsequent ceremonial marriage and that F had abandoned the home and the engagement. The court ruled that the transfer of the real estate was a gift conditioned upon a subsequent ceremonial marriage, and it ordered F to transfer an interest in the property to M. The court of appeals affirmed but ruled sua sponte that an equitable trust should be imposed. F appealed.