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Re: Who owns the property? - Landlord Forum thread 334043

Re: Who owns the property? by Bob Barker (NJ) on April 23, 2015 @14:39

                              
Woot woot!

Just found some case law negating the palimony claim. In order for a palimony claim, the agreement of support must be in writing unless a claim action was initiated in a court prior to 2010. Since the relationship/support (if any) ended upon his death (2015), any claim is obviously post-2010 statute changes and must be in writing.

This question was addressed by the Superior Court of New Jersey, Appellate Division in the recent case Maeker v. Ross, which was argued by Snyder & Sarno partner Angelo Sarno and attorneys Jill D. Turkish and Ashley R. Vallillo. The parties in Maeker had been dating since 1998 and terminated their relationship in 2011. For the duration of the relationship, the plaintiff did not work outside of the home and was financially supported by the defendant, who had promised to support her financially for the rest of her life. The defendant had also appointed the plaintiff as his attorney-in-fact in his power of attorney and devised his entire residual estate to the plaintiff in his will. The court held that the plaintiff’s cause of action arose not when the contract was made, but when the promise of support was broken in 2011. Therefore, the statute applied to this case.
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Re: Who owns the property? by Jackie (NJ) on April 23, 2015 @16:40 [ Reply ]
Do a little more research and you will find that Judges still let a Palimony claim move forward in court as that is their prerogative to do so. The case you cited is just one with certain circumstances, you will find many that the courts have allowed to proceed with out regard to the 2010 tighten of the law. Actually quite a lot of them.

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