Yes. The court can determine that there is a meretricious relationship and make a just and equitable distribution of the property accumulated during the relationship. A meretricious relationship is defined as a stable, marital-like relationship, where the parties live together knowing that there is no marriage. The Court will consider whether or not the parties continuously lived together, the length of the relationship, the purpose of the relationship, whether or not the parties combined their resources, and what the intent of the parties was.

Can the Court use this theory to divide assets in a same-sex relationship?

This is a growing area of the law. You will want to check with an attorney regarding recent developments and possible theories of recovery.

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