Sullivan v. Rooney

Maureen Sullivan (plaintiff) and James Rooney (defendant) had a 13- or 14-year relationship, lived together for seven years and got engaged, but never married. In 1977 the couple discussed buying a house together and decided to buy a house in Reading, Massachusetts, from Rooney’s sister and her husband. On the way to the closing, Rooney told Sullivan the title would have to be in his name alone to qualify for 100 percent Veterans’ Administration financing. The deed was recorded in his name only. At the time, Rooney served as an army officer while attending law school and paid all the expenses associated with the house. Sullivan left her job as a flight attendant and began working as a waitress and homemaker, contributing all her earnings to food, supplies, and furnishings. In 1982 Rooney urged Sullivan to move with him to Virginia, where Rooney again paid their expenses while Sullivan kept house, and he rented out the Reading house. The relationship deteriorated, and the couple separated in 1983. Sullivan wanted to move back into the Reading home, but it was rented. Rooney had assured Sullivan multiple times that he would transfer the title into joint ownership, even during the year after the couple separated, but never did so. Ultimately, Sullivan sued to obtain title as tenants in common despite not complying with the statute of frauds, arguing she had relied on Rooney’s promises to her detriment and that he had been unjustly enriched. The court ordered Rooney to place a one-half interest in constructive trust and convey title to Sullivan as tenants in common. After Rooney appealed, the Massachusetts Supreme Judicial Court transferred the appeal to itself.