Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Wirth v. Wirth

Supreme Court of New York
38 A.D.2d 611 (1971)


Mrs. Wirth (plaintiff) and Mr. Wirth (defendant) were married for several decades before Mrs. Wirth obtained a divorce in 1970. During the marriage, Mr. Wirth initially gave his income to Mrs. Wirth, who combined his income with her own, and from their pooled resources, Mrs. Wirth managed all of their bills and savings. In 1956, Mr. Wirth told Mrs. Wirth that he was starting a savings program for the two of them. Mr. Wirth separately invested most of his income into the savings program in his own name, with Mrs. Wirth’s knowledge. The household expenses were paid by all of Mrs. Wirth’s income and rental income and a portion of Mr. Wirth’s income. In filing for divorce, Mrs. Wirth claimed half of Mr. Wirth’s savings as community property. Mrs. Wirth claimed that she was entitled to a constructive trust on one-half of Mr. Wirth’s savings, as Mr. Wirth was only able to save because Mrs. Wirth’s income was used for family expenses, which were Mr. Wirth’s legal obligation. The trial court held that the savings from Mr. Wirth’s income were his assets and that Mr. Wirth had neither an agreement nor a legal obligation to transfer any of those savings to Mrs. Wirth. Mrs. Wirth appealed.

Rule of Law


Holding and Reasoning

What to do next…

  1. 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 457,000 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.

  2. 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 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial