Marriage of Johnson

Lance Johnson (defendant) and Marcy Johnson (plaintiff) married in 1969 and had a child, Tera. Lance worked as an architect, and Marcy owned a weaving business. Over the years, Lance and Marcy bought real estate that included rental property, and they managed the rental property together. In 1985, Lance and Marcy’s relationship permanently changed when Marcy and Tera moved out of the marital home. As part of coparenting Tera, Lance regularly visited Marcy and Tera’s home and had dinner there, and Lance and Marcy traveled together and celebrated holidays together for Tera’s benefit. Lance and Marcy never lived in the same household again, nor did they engage in physical relations or participate together in social events outside of Tera’s presence. Tera understood that Lance and Marcy were separated and that their marriage had ended. In 1986, Lance transferred his interest in the weaving business to Marcy. The transfer documents contained Lance’s affirmation that he and Marcy were separated and contemplating divorce. Lance and Marcy continued operating their rental business together and filed joint tax returns. Marcy filed a petition for divorce in 1996, and Lance admitted in a responsive pleading that he and Marcy separated in 1985. At trial, Lance argued that the date of separation was 1996, when Marcy filed the divorce petition. During litigation, Lance admitted that he and Marcy maintained a relationship for the purpose of coparenting only. Lance downplayed the significance of the affirmation contained in the transfer documents by claiming that he did not read the documents or intend to transfer his interest to Marcy, but he did not contradict his affirmation of separation. The trial court disregarded the transfer documents and found that there were no writings evidencing a separation and that Lance and Marcy’s coparenting continued their marital relationship. The trial court concluded that Lance and Marcy separated in 1996, when Marcy filed the divorce petition. The court divided their assets accordingly. Marcy appealed.