Wilcox v. Trautz
Massachusetts Supreme Judicial Court
693 N.E.2d 141 (1998)
Wilcox (plaintiff) and Trautz (defendant) had lived together for over 20 years as an unmarried couple, when Wilcox began a relationship with someone else. Trautz had his attorney draft an agreement setting out their rights with respect to the assets acquired during their relationship. Under the agreement, each party’s income and assets were that party’s alone. The agreement also provided that Wilcox would vacate their home within 30 days after Trautz asked her to do so. Trautz told Wilcox that if she did not sign the agreement, their relationship would end, and she would have to move out of their home. Trautz advised Wilcox to seek legal advice before signing the agreement, but she did not. Wilcox and Trautz both signed the agreement. At the time, Trautz had a significant amount of assets in his name, while Wilcox had nearly none. Several years later, Wilcox again began a relationship with another person. Trautz asked Wilcox to move out of the home, and she refused. Wilcox brought an action seeking a declaration that the agreement was invalid and unenforceable. The trial court held that the agreement was invalid and should not be enforced. Trautz appealed.
Rule of Law
Holding and Reasoning (Greaney, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.