Nichols v. Funderburk

883 So. 2d 554 (Miss. 2004) · Supreme Court of Mississippi · September 23, 2004 · No. No. 2002-CT-00087-SCT

Summary

The Supreme Court of Mississippi held that an unmarried cohabitant was not entitled to an equitable distribution of property owned by her former partner. The court found no partnership, marriage, purported marriage, or acquisition of assets through joint efforts, and affirmed the chancery court and Court of Appeals.

Holdings

  1. Mere cohabitation without marriage or the appearance of marriage does not vest marital rights or, by itself, support equitable division of property.
  2. Nichols was not entitled to distribution of property solely owned by Funderburk because the evidence did not establish a partnership or that the disputed assets were acquired through their joint efforts.

Questions Presented

  1. Whether an unmarried cohabitant who never married or purported to be married is entitled to equitable distribution of property allegedly accumulated through joint efforts.
  2. Whether the evidence established a partnership or joint acquisition of assets between Nichols and Funderburk sufficient to support equitable distribution.

Disposition

affirmed

Cases Cited (16)

  • Nichols v. Funderburk, 881 So. 2d 266 (Miss. Ct. App. 2003)(followed)
  • Hans v. Hans, 482 So. 2d 1117, 1119 (Miss. 1986)(followed)
  • Duane v. Saltaformaggio, 455 So. 2d 753, 757 (Miss. 1984)(followed)
  • Tinnin v. First United Bank of Miss., 570 So. 2d 1193, 1194 (Miss. 1990)(followed)
  • Bell v. Parker, 563 So. 2d 594, 596-97 (Miss. 1990)(followed)
  • In re Estate of Harris, 539 So. 2d 1040, 1043 (Miss. 1989)(followed)
  • Newsom v. Newsom, 557 So. 2d 511, 514 (Miss. 1990)(followed)
  • O.J. Stanton & Co. v. Mississippi State Highway Comm'n, 370 So. 2d 909, 911 (Miss. 1979)(followed)
  • In re Estate of Johnson, 735 So. 2d 231, 236 (Miss. 1999)(followed)
  • Madison County v. Hopkins, 857 So. 2d 43, 47 (Miss. 2003)(followed)

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