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In re Marriage of Heinzman
Colorado Supreme Court
198 Colo. 36, 596 P.2d 61 (1979)
Beth Heinzman (plaintiff) occupied a residence as a tenant. The owner of the property intended to sell it, at which time Beth’s tenancy was slated to end. However, William Heinzman (defendant) purchased the property with the intent of moving in with Beth, to whom he gave an engagement ring and expressed an intent to marry. William executed a deed conveying the residence to William and Beth as joint tenants. Beth then moved elsewhere, ending the relationship. Beth filed for divorce. The court determined that there was no common-law marriage. The court also found that William had made a gift to Beth in the form of a property interest in the residence and that this gift was premised on eventual marriage between the two. The trial court ordered Beth to convey her interest in the property back to William—an order affirmed by the appellate court. Beth appealed, arguing that the heart-balm statute, which abolished causes of action stemming from the breach of a promise to marry, barred William’s ability to recover. The Colorado Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Groves, J.)
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