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Rivkin v. Postal

Court of Appeals of Tennessee
Unpublished, 2001 WL 1077952 (2001)


Facts

David Rivkin (plaintiff) and Lori Postal (defendant) began an extramarital affair in 1994. Rivkin was married at the time; Postal was single. In 1995, Postal gave birth to the couple’s child. Rivkin bought an expensive house for Postal and their child to live in. Rivkin conveyed the house by quitclaim deed to Postal and himself as joint tenants with rights of survivorship. He also paid for horses for Postal, a nanny for the child, and a ring that Postal ordered for herself after Rivkin refused. Postal and Rivkin did not make wedding plans, but Postal told her parents that they would wed after Rivkin divorced his wife. Rivkin did not contradict her, nor did he prevent her from wearing the ring in front of her family. In March 1997, Rivkin’s divorce became final. In June 1997, he broke up with Postal. That September he filed a lawsuit against her for the partition of their jointly owned property and to recover certain personal property. Postal filed a counterclaim alleging breach of the promise to marry. The trial court decision was appealed.

Rule of Law

Issue

Holding and Reasoning (Koch, J.)

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