New Jersey Verified Complaint for Palimony and Partnership Dissolution

Verified Complaint for Palimony, Partnership Dissolution, Distribution of Assets, Partition, and for Other Equitable and Declaratory Relief

JOHN LAWYER, ESQ.

12 MAIN STREET

ANYWHERE, USA

Attorneys for Plaintiff

JANE DOE,

Plaintiff,

v.

MARY DOE,

Defendant.

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION: FAMILY PART

County:

Docket No.:

CIVIL ACTION

VERIFIED COMPLAINT FOR PALIMONY, PARTNERSHIP DISSOLUTION, DISTRIBUTION OF ASSETS, PARTITION, AND FOR OTHER EQUITABLE AND DECLARATORY RELIEF

Plaintiff, Jane Doe, residing at in the of , and State of , by way of Complaint against the Defendant, says:

THE PARTIES

1. At all times relevant to this Complaint, plaintiff is a resident of County and a United States citizen.

2. Upon information and belief, defendant is a resident of County and she is also, upon information and belief, a United States citizen who maintains her principal residence in .

THE PARTIES = RELATIONSHIP

3. In or about , the parties developed a relationship between them and they mutually agreed to cohabit with the intent to conduct and maintain their personal and financial lives in a family type shared-living arrangement.

4. The parties also agreed to share living expenses and they agreed to reside together in an apartment maintained by plaintiff.

5. At or about this time plaintiff was employed as a .

6. At or about the same time, defendant was employed as a .

7. As a consequence of plaintiff’s efforts, support, companionship, and assistance, defendant had a very successful year as a .

8. When the parties returned to they agreed to equally share expenses and they also discussed the purchase of a home in . Up until this time the parties had resided in apartments in or about the area.

9. The parties furthermore agreed to share living expenses with the understanding that plaintiff could not contribute the extent that defendant could, which defendant accepted.

10. Defendant purchased a home in in with said home being located at . Plaintiff spent extensive time cleaning and preparing the home for occupancy.

11. Because of her professional career, defendant at that time did not agree to put plaintiff’s name on the deed to .

12. At or about this same time defendant made various representations and assurances that plaintiff would be taken care of. For example:

a) defendant told plaintiff’s sister, , that plaintiff “had nothing to worry about” in terms of being cared for;

b) defendant consistently told plaintiff that they were partners and that she would be taken care of;

c) defendant assured plaintiff that her interest in the home would be protected and honored.

13. During the following years, the parties’ relationship grew more contentious and defendant had trouble controlling her anger.

14. Eventually, the parties’ relationship was unilaterally terminated on or about , when defendant advised plaintiff that she no longer wanted to be in a relationship with her.

15. Defendant then refused to recognize plaintiff’s legal entitlement or interest to any property acquired, developed, or appreciated during their relationship.

FIRST COUNT-PALIMONY

16. During their relationship the parties agreed to contribute their respective incomes to their shared family-type enterprise to be used for their mutual benefit and for the purposes of maintaining their shared life-style and acquiring and accumulating property, both real and personal, with the intention that such property and assets would be owned legally and/or equitably by them jointly and for their mutual benefit.

17. As a result of their sharing of incomes and property, the parties experienced substantial net profits and their contributions led to the acquisition, legally and/or equitably, of valuable and substantial property, both real and personal, and/or an equitable interest therein.

18. In further accordance with their agreement and understanding, and their expressed and implied intent, when the parties commenced their shared living arrangement plaintiff agreed to forego her career in order to be with defendant.

19. During the period of the parties’ cohabitation, a close, intimate, confidential and family-type relationship existed between the parties and, as a result, plaintiff justifiably placed her absolute trust and reliance in defendant.

20. The parties’ aforesaid family-type relationship continued from in or about , until in or about of , a period of approximately years.

21. During the period of the parties’ cohabitation, pursuant to their understanding and agreement, defendant assumed exclusive control and management over the parties’ finances and assets, and defendant utilized the same to preserve, maintain, enhance and/or benefit the property interests in which the parties conducted their financial activities.

22. During this same time period, defendant consistently represented, promised and warranted to plaintiff and her family that she would always provide for plaintiff’s financial needs and support, including shelter, transportation and personal expenses, and represented, promised and warranted to plaintiff and her family that the property acquired, both real and personal, and other investments and assets legally and/or equitably and beneficially acquired by them while they were living together, would belong to, and would be equitably owned by both of them jointly.

23. In furtherance of defendant’s aforementioned representations, promises and warranties, throughout the period of the parties’ cohabitation an understanding, express and/or implied, was reached between the parties, flowing from defendant’s statements and actions, conduct and the surrounding circumstances, whereby reasonable expectations were derived therefrom by the plaintiff, including plaintiff’s reasonable expectation of support as well as equitable ownership of an interest in the property and assets that had been accumulated by the parties during their shared-living arrangement.

24. In furtherance of the parties’ understanding, and throughout the course of their relationship, the parties held themselves out to each other and to the public as a family-type unit and plaintiff performed all of the duties requested of her, including cooking, cleaning, companionship, homemaking, confidant, business partner, business adviser and business associate.

25. During the course of, and in consideration for, the parties’ family-type relationship, defendant represented, promised and warranted to plaintiff, expressly and/or implied by, that she would continue to take care of plaintiff during her life and that he would provide for her needs, including her shelter, transportation and personal expenses, while she was alive.

26. Flowing from the aforementioned relationship and the promises, representations and warranties made by defendant, plaintiff devoted approximately of her life to defendant’s emotional and physical needs and to her pecuniary advancement, and plaintiff’s said efforts were made based upon her justifiable reliance on defendant’s express and implied representations, promises and warranties.

27. Plaintiff reasonably and justifiably relied to her financial, emotional and physical detriment upon defendant’s aforesaid representations, promises and warranties.

28. Plaintiff has duly performed all of her obligations in furtherance of and pursuant to the parties’ understanding and agreement.

29. On or about , the parties separated as a result of actions by defendant that violated and were in breach of the parties’ aforementioned understanding and agreement, and which violated and betrayed plaintiff’s trust and confidence that she had justifiably reposed in defendant.

30. As a result of defendant’s breached representations, promises and/or warranties, as well as his breach of her fiduciary duties to plaintiff, defendant has repudiated and denied her obligation to provide proper support for plaintiff and has repudiated and denied plaintiff’s lawful and equitable interest in the property, both real and personal, legally and/or beneficially and equitably acquired by the parties during their nine year relationship.

31. As a result of defendant’s actions plaintiff has been damaged.

WHEREFORE, plaintiff demands judgment against defendant as follows:

(a) Directing defendant to pay to plaintiff such amount as and for palimony as the court deems reasonably necessary to provide for plaintiff’s financial needs and support;

(b) Awarding plaintiff compensatory and punitive damages, together with prejudgment interest thereon;

(c) Granting plaintiff her just and fair share of the net profits and of the property legally, beneficially and/or equitably acquired by the parties’ relationship, and ordering a proper division of such property and directing that defendant transfer to plaintiff her equitable share of all property, both real and personal, acquired by the parties as aforesaid;

(d) Directing defendant to maintain sufficient life insurance insuring her life and designating plaintiff as irrevocable beneficiary thereof and requiring defendant to provide and furnish such further security as may be necessary to secure the proper performance of her obligations pursuant to any judgment of this court;

(e) Alternatively, declaring that plaintiff owns equitable title to fifty percent (50%) of all property legally, beneficially and/or equitably acquired by the parties, or either of them, during the course of their relationship and declaring that such property is held by defendant subject to a trust for plaintiff’s use and benefit;

(f) Directing that defendant account for all such property, both real and personal, acquired and/or accumulated by the parties during their relationship through the utilization of the parties’ income and earnings;

(g) Directing that all such property be sold and that the proceeds therefrom be distributed equitably between the parties;

(h) Compelling defendant to pay and be responsible for plaintiff's counsel fees, costs and reasonable disbursements in this action; and

(i) For such further relief as the court may deem just and equitable.

SECOND COUNT-PARTNERSHIP/JOINT VENTURE

32. Plaintiff hereby repeats and realleges each and every allegation contained in the First Count all as if more fully and particularly set forth at length herein.

33. In or about , the parties entered into a non-marital partnership and/or joint venture by which they agreed to contribute their respective incomes to their joint partnership and/or venture and agreed that each would share equitably in the net profits and the accumulation of property, both real and personal, acquired thereby, and that such arrangement would continue until such time as the parties ceased living together.

34. During the period of the parties’ cohabitation, in reliance upon their agreement and understanding, plaintiff contributed her income to the parties’ non-marital partnership and/or joint venture and gave up her career in order to accompany and be with defendant.

35. During this same time period substantial property, both real and personal, was acquired by the parties through the utilization of such joint funds and, although legal title to such property was placed in the defendant’s individual name, the defendant held, and still holds, an interest therein as trustee for plaintiff, who was, and is, the owner of an equitable and beneficial interest in said property.

36. Plaintiff at all times had the utmost trust and confidence in defendant as her most intimate partner and she believed in defendant’s devotion and fidelity to her.

37. By reason of plaintiff’s aforesaid trust and confidence in defendant, and in reliance upon defendant’s representations that the parties would utilize their joint earnings for their mutual benefit and towards the joint accumulation of property and assets plaintiff was the equitable owner of a one-half interest in such property and defendant held such equitable interest in trust, as trustee, for plaintiff.

38. In breach of her fiduciary duties to plaintiff, defendant expended the parties’ joint funds and/or property for her own individual benefit to the exclusion of plaintiff and usurped the parties’ partnership and/or joint venture for her own individual benefit.

WHEREFORE, plaintiff demands judgment against the defendant as follows:

(a) Ordering defendant to account to plaintiff for all partnership and/or joint venture transactions and for all profits received from such transactions during the period of the parties’ cohabitation;

(b) Ordering defendant to account to plaintiff for all dealings by defendant with the partnership and/or joint venture assets and for all profits derived by defendant therefrom or accrued thereon during the period of the parties’ cohabitation;

(c) Directing defendant to pay to plaintiff such amount as may be found due on the taking of such accounts;

(d) Entering judgment in plaintiff’s favor for compensatory and punitive damages, together with pre-judgment interest thereon;

(e) Awarding plaintiff reasonable attorney's fees and costs in this action; and

(f) For such further relief as the court may deem just and equitable.

THIRD COUNT-RESULTING TRUST

39. Plaintiff hereby repeats and realleges each and every allegation contained in the preceding First and Second counts all as if more fully and particularly set forth at length herein.

40. In or about , the parties entered into an oral non-marital partnership arrangement whereby they agreed to cohabit and contribute their respective incomes for their mutual benefit for the purpose of maintaining their agreed upon lifestyle, and for the legal and/or beneficial acquisition of assets and property.

41. During the period of the parties’ relationship, pursuant to and in reliance upon such agreement and understanding, plaintiff contributed her income and services to the parties’ non-marital partnership venture and during this period defendant acquired, with joint funds and with the assistance and advice of plaintiff, various and substantial assets, legal title to which she placed solely in her name although acquired with joint funds and intended for the mutual benefit of both parties.

42. During the period of the parties’ relationship plaintiff turned over her earnings to defendant pursuant to their agreement with the understanding that defendant would invest and re-invest same in trust for plaintiff’s use and benefit.

43. During the course of the parties’ living together, defendant invested and re-invested the parties’ joint funds, property and profits in various other property, both real and personal, the full extent of which is presently unknown to plaintiff, since, at defendant’s direction, legal title to such property was taken in her individual name even though intended to be held equitably by, and for the mutual benefit of, both parties.

44. Despite the parties’ agreement and understanding, defendant wrongfully utilized funds, assets and profits derived from the joint funds and property which belonged to both parties.

45. Plaintiff has an equitable lien on all said property, both real and personal, and on all of the income and profits derived by defendant therefrom and upon all property, both real and personal, which defendant acquired during the period of the parties’ relationship, in her individual name with plaintiff’s contributions and/or from funds, assets and profits derived from funds contributed by both parties during the period of their relationship.

46. As a result of the foregoing, a resulting trust has been created under the various transactions, and plaintiff should be decreed a joint legal owner with defendant of all of said property, both real and personal, as well as all of the other funds and property derived from such property and presently held in defendant’s name.

47. Defendant has failed to render an accounting with respect to the property, profits and assets legally and/or beneficially acquired by defendant for plaintiff’s benefit during the period of their living together.

WHEREFORE, plaintiff seeks judgment against defendant as follows:

(a) Directing defendant to account to plaintiff for all of the property acquired in her name through the utilization of funds, assets, profits and income derived from the parties’ joint mutual non-marital partnership venture;

(b) Directing defendant to pay and turn over to plaintiff all such monies as are found to be due plaintiff on such accounting;

(c) Directing defendant to transfer to plaintiff one-half of all property, both real and personal, acquired in defendant’s name through the utilization of profits, assets and funds derived from the parties’ joint mutual non-marital partnership venture;

(d) Awarding plaintiff reasonable attorney’s fees and costs against defendant;

(e) For such further relief as the court may deem just and equitable.

FOURTH COUNT-CONVERSION

48. Plaintiff hereby repeats and realleges each and every allegation contained in the preceding First, Second, and Third counts all as if more fully and particularly set forth at length herein.

49. By reason of the foregoing, defendant has converted plaintiff’s property for her own use and benefit to the exclusion and damage of plaintiff.

WHEREFORE, plaintiff demands judgment against defendant for compensatory and punitive damages, prejudgment interest, reasonable attorney’s fees and costs of suit.

FIFTH COUNT-UNJUST ENRICHMENT

50. Plaintiff hereby repeats and realleges each and every allegation contained in the preceding First, Second, Third, and Fourth counts as if more fully and particularly set forth at length herein.

51. If a determination were to be made that defendant has no legal duty and/or obligation to plaintiff flowing from the parties’ intimate relationship, defendant will be unjustly enriched and plaintiff will be inequitably damaged to her prejudice.

52. In the alternative, plaintiff seeks to have the court enforce the parties’ arrangement as evidenced by their conduct, actions and the surrounding circumstances flowing from their intimate relationship and grant to plaintiff an equitable and legal share of the profits and assets acquired by defendant during the course of the parties’ shared-living arrangement by reason of the quasi-contractual relationship existing between the parties.

WHEREFORE, plaintiff demands judgment against defendant as follows:

(a) Directing defendant to pay to plaintiff such amount as and for palimony as the Court deems reasonably necessary to provide for plaintiff’s financial needs and support;

(b) Awarding compensatory and punitive damages, together with prejudgment interest;

(c) Granting plaintiff her just and fair share of the net profits and of the property legally, beneficially and/or equitably acquired by the parties, or either of them, during the period of their living together, and ordering a proper division of such property and directing that defendant transfer to plaintiff her equitable share of all property both real and personal, acquired by the parties as aforesaid;

(d) Directing defendant to maintain proper life insurance insuring her life and designating plaintiff as irrevocable beneficiary thereof and requiring defendant to provide and furnish such further security as may be necessary to secure the proper performance of his obligations pursuant to any judgment of this court;

(e) Alternatively, declaring that plaintiff owns equitable title to fifty percent (50%) of all property legally, beneficially and/or equitably acquired by the parties, or either of them, during the period of their living together, legal title to which property is held in defendant’s name, and declaring that such property is held by defendant subject to a trust for plaintiff’s use and benefit;

(f) Directing that defendant account for all such property, both real and personal, acquired and/or accumulated by her during the period of the parties’ relationship together through the utilization of the parties’ income and earnings;

(g) Directing that all such property be sold and the proceeds therefrom be distributed equitably between the parties;

(h) Impressing a constructive and/or resulting trust in favor of plaintiff upon defendant’s legal and/or equitable interest in any asset alleged by her to be exempt from distribution and upon the sale of any such asset during the pendency of this action;

(i) Compelling specific performance of the parties’ understanding and agreement as existed between them during the period of their relationship and compelling defendant to provide for and transfer to plaintiff an equal and/or equitable division of all property acquired by the parties during their relationship;

(j) Entering a money judgment in plaintiff’s favor in an amount to be determined by the court in accordance with appropriate equitable remedies;

(k) Compelling defendant to pay and be responsible for plaintiff’s counsel fees, costs and reasonable disbursements in this action; and

(l) For such further relief as the court may deem just and equitable.

SIXTH COUNT-PARTITION OF REAL ESTATE

53. Plaintiff hereby repeats and realleges each and every allegation contained in the preceding First, Second, Third, Fourth and Fifth counts as if more fully and particularly set forth at length herein.

54. The parties are seized with joint title, with rights of survivorship, to certain real property situated in the , more commonly referred to as (hereinafter referred to as “the premises”).

55. Since defendant has exercised sole and exclusive use and occupancy of the premises to plaintiff’s exclusion.

56. Plaintiff has made repeated demand of defendant for payment of her undivided 50% interest in the premises or, in the alternative, has demanded that the premises be sold and any profits realized in connection therewith, after deducting legitimate and proper liens, encumbrances, realtor’s commissions and closing costs therefrom, be distributed between the parties 50%/50%, but defendant has refused or otherwise has failed to effectuate plaintiff’s rightful entitlement to her legal interest in the premises.

57. Defendant has and is presently unlawfully denying plaintiff her rightful use, occupancy and/or entitlement to the premises.

WHEREFORE, plaintiff demands judgment against defendant as follows:

(a) Directing defendant to pay to plaintiff her 50% interest in the premises after deducting legitimate liens and encumbrances thereon; or, in the alternative

(b) Directing that the premises be sold and that any profit realized in connection therewith, after the payment of legitimate liens, encumbrances, realtor’s commissions and reasonable closing costs, be distributed equally between the parties; or, in the alternative

(c) Directing that a fair partition of the premises be made between the parties according to their respective rights and interests.

(d) For such further relief as the court may deem just and equitable.

SEVENTH COUNT B DECLARATORY JUDGMENT

58. Plaintiff hereby repeats and realleges each and every allegation contained in the preceding First, Second, Third, Fourth, Fifth and Sixth counts as if more fully and particularly set forth at length herein.

59. Plaintiff’s rights are uncertain under the and releases forwarded to her by defendant’s former legal counsel.

60. Plaintiff is need of judgment declaring said releases void and of no effect.

WHEREFORE, plaintiff demands judgment against defendant as follows:

(a) Declaring the and releases void and of no affect;

(b) Directing that just equitable distribution be ordered despite the releases;

(c) Directing that plaintiff be entitled to relief based upon the allegations contained in this verified complaint;

(d) For such further relief as the court may deem just and equitable.

___________________________

Dated:

CERTIFICATION OF VERIFICATION AND NON-COLLUSION AND CERTIFICATION PURSUANT TO R. 4:5-1

I, Jane Doe, do hereby certify that:

1. I am the plaintiff in the foregoing Complaint.

2. The allegations of the Complaint are true to the best of my knowledge, information and belief.

3. The Complaint is made in truth and in good faith and without collusion for the causes set forth therein.

4. To the best of my knowledge and belief, this matter in controversy is not the subject of any other action pending in any Court or of a pending arbitration proceeding, nor is any such proceeding contemplated at this time.

5. To the best of my knowledge and belief, there are no other parties who must be joined in this action.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

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