Full question:
Is palimony recognized in Arizona?
- Category: Divorce
- Subcategory: Palimony
- Date:
- State: Arizona
Answer:
Yes, palimony is recognized in Arizona under certain circumstances. The Arizona Supreme Court has held that an implied contract can exist between non-married cohabitants. In the case of Carroll v. Lee, 148 Ariz. 10 (1986), the court found that a verbal or implied agreement between two parties who lived together for many years was enforceable. This agreement was based on the mutual understanding that they would share property and responsibilities, even though they were not married.
In this case, Judith Carroll and Paul Lee lived together for fourteen years and acquired property together, including real estate and personal belongings. They held themselves out as husband and wife and filed joint tax returns. The trial court determined that there was an implied contract between them, which was supported by their actions and contributions to their shared life.
However, the court of appeals initially reversed this decision, arguing that no valid agreement existed. The Arizona Supreme Court disagreed, emphasizing that mutual promises, even if not explicitly stated, can create an enforceable contract. The court recognized that homemaking services provided by one partner can constitute adequate consideration for such agreements.
Ultimately, while Arizona does not grant community property rights to non-marital cohabitants, it does allow for the enforcement of agreements regarding property acquired during the relationship, provided there is sufficient evidence of mutual intent and contributions. Therefore, individuals seeking to enforce such agreements must demonstrate the existence of an implied contract based on their shared contributions and intentions.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.