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The issue of this case lies in the claim of Mr. Lautner, a well-known actor, to his former lover, Mrs. Swift, to compensate him for half of their joint earnings gained during the period of their relationship.
Relevant Legal Concepts
According to Schubert and Samaha, “the earnings of both spouses and property rights acquired with those earnings during the marriage are lumped together and each party receives a percentage of the whole” (577). This law concerns legal spouses, while the plaintiff and the defendant were not officially married. At the same time, there was not an officially formalized agreement on their earnings sharing.
Relevant Case Law
In the case of Fernandez v. Garza, “plaintiff’s meretricious or unmarried cohabitation with decedent did not bar the enforcement of a partnership agreement wherein the parties agreed to share their property and profits equally” (Schubert and Samaha 45).
Due to the fact that the plaintiff and the defendant did not have an official marriage and did not sign an agreement on the possible sharing of funds, the claim of one of the parties to return half of the earnings cannot be considered justified. All the funds earned, including the total budget, were individual, and the right of the partition cannot enter into legal force.
Mr. Lautner’s claim to return half of the earnings should not be satisfied.
Schubert, Frank A., and Joel Samaha. Introduction to Law and the Legal System and Criminal Procedure. Cengage Learning, 2017.