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Fleming v. Spencer | 2002 WL 171249 (2002)
It used to be that an unrelated man and woman living together was scandalous. Polite society disapproved, and the law didn’t provide much protection to either party. Today, such relationships are far less controversial. But has the law kept up? The court considered that question in Fleming versus Spencer.
Norman Spencer, a married man separated from his wife, met Sheila Fleming in nineteen eighty-two, and they became intimate. The next year, Spencer moved into Fleming’s home, then bought a residence in Sultan. In nineteen eighty-four, Spencer and Fleming moved into the Sultan residence. Spencer and his wife divorced in nineteen eighty-five, and Spencer received the Sultan residence in the divorce decree. Spencer paid off the residence with his and Fleming’s earnings.
Spencer and Fleming lived together in the Sultan residence from nineteen eighty-four until nineteen ninety-nine, except for periods when Spencer worked out of state and when Fleming pursued educational opportunities elsewhere. The couple maintained joint bank accounts, filed joint income tax returns, and made wills naming each other executor and heir. At one point, Spencer quitclaimed the property to Fleming to shelter it from potential litigation. Some years later, Fleming quitclaimed the property back to Spencer.
The couple stopped being intimate in nineteen ninety-seven, living in separate rooms. In nineteen ninety-nine, Fleming sued Spencer for dissolution of their meretricious relationship.
The trial court found that Spencer and Fleming maintained a meretricious relationship from nineteen eighty-three through nineteen ninety-seven and distributed property acquired during that time. The court awarded the Sultan residence to Fleming, and Spencer appealed.
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