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2. Issue
Does the nonmartial spouse have property right acquired during the relationship though the written contract is absent?
3. Rules
1) In re Marrige for Cary (1973) : Nonmartial is “quasi-martial” and a nonmartial partner has an equal interest of the property.
2) Vallera v. Vallera (1943):
3) Trutalli v. Meraviglia (1932)
4. Application
1) Living together just as husband and wife is considered as a married couple as the society is changing.
2) Contribution of services is assumed as contribution of funds.
3) Rendering services as a wife is contribution and a spouse shall have proportionate shares and equal interest from the property.
4) Without an express agreement, the oral contract is assumed as the implied contract which is valid unless the contract is related to illicit meretricious sexual services.
5. Conclusion
The court reversed; the tiral court erred in favor of D.
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