Fenn v. Lockwood

Frieda Fenn (plaintiff) and John Lockwood (defendant) began cohabitating in 1986 with the intent of starting a family. In 1987, Fenn and Lockwood hosted a commitment ceremony; both understood the ceremony was not a marriage. In 1988, Fenn and Lockwood’s daughter, Freya Fennwood, was born. During the early years of Fenn and Lockwood's cohabitation, Lockwood started Pygmy Boats, a kayak company, which he described as a family business. Lockwood ran the business, and Fenn took care of the household and raised Freya. In 1997, Fenn and Lockwood acquired a property in Port Townsend, Washington. Pursuant to a written agreement, ownership was divided 41.5 percent to Fenn and 58.5 percent to Lockwood. In 2002, Fenn and Lockwood permanently separated, and Fenn subsequently filed for an equitable distribution of community property. The trial court found that Fenn and Lockwood were in a meretricious relationship and divided their community property, giving Fenn 45 percent and Lockwood 55 percent. The Port Townsend property was included in the pool of community property. Although Lockwood had a significantly higher income than Fenn, the trial court justified the unequal division because Fenn was 14 years younger, Lockwood was imminently planning to retire, and Pygmy Boats was Lockwood’s creation and avocation. Lockwood appealed, arguing that (1) he was not in a meretricious relationship with Fenn and (2) the trial court erred by classifying the Port Townsend property as community property. Fenn cross-appealed to challenge the distribution percentages.