Williams v. Ormsby

966 N.E.2d 255 (2012)

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Nature of the Case

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Facts

M and F moved into F's house. M began making the mortgage payments in August and paid the 2004 property taxes. M eventually paid the remaining mortgage balance of approximately $310,000. F gave M title to the property by executing a quitclaim deed dated December 15, 2004, that was recorded the same day. M's divorce did not occur, so the couple canceled their plans for marriage. After a disagreement, F left the house, and M obtained a restraining order against her. M and F signed a document to immediately sell the house and allocate the proceeds (March 2005). F refused to move back into the house unless M granted her an undivided one-half interest in the property. They signed a second document (June 2005), making themselves 'equal partners' in the house and providing for property disposition in the event that their relationship ended. F returned. F ended the relationship in September 2007. The two continued living in separate areas of the house until M left in April 2008. M and F filed suit against each other. F sought either specific performance of the contract giving her a half-interest in the property or damages stemming from breach of that contract. M sued for quiet title, unjust enrichment or quantum meruit. M also alleged causes of action for breach of contract, partition, and contribution if either or both agreements were held valid. The trial court determined that the prior agreement (March 2005) was supported by consideration but that the last agreement (June 2005) was not. The court also held that title to the property was vested in M exclusively. F appealed. The court reversed and held that 'moving into a home with another and resuming a relationship can constitute consideration sufficient to support a contract.' M appealed.