Cates v. Swain
215 So. 3d 492
Miss.2013Background
- Swain and Cates cohabited from 2000 to 2006 and Swain funded portions of real estate purchases.
- Swain contributed equity from her Florida home, plus funds for the Washington and Mississippi properties.
- Cates purchased the Washington home with Swain’s funds; Swain claims these contributions formed an unjust enrichment or trusts basis.
- Chancellor rejected constructive/trust or resulting trust but awarded Swain an unjust-enrichment recovery.
- Court of Appeals affirmed rejection of trusts but reversed on unjust enrichment, concluding cohabitation cannot support such relief.
- Mississippi Supreme Court held unjust enrichment is available in these circumstances and remanded to determine correct judgment amount ($41,495) after correcting calculation errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unjust enrichment can compensate unmarried cohabitants | Swain seeks unjust enrichment based on monetary contributions | Cates contends no unjust-enrichment remedy for cohabitants | Yes, unjust enrichment available |
| Whether the chancellor miscalculated the award | Swain asserts higher total amounts were paid | Cates challenges the totals | Remand for correct amount, $41,495 |
| Scope of relief and consideration of profits from use of funds | Award should reflect full value of Swain’s contributions | Profits and value should be disregarded or limited | Remand to consider full equitable factors under unjust enrichment |
Key Cases Cited
- Davis v. Davis, 643 So.2d 931 (Miss. 1994) (cohabitation lacks equitable division rights; legislature did not extend married rights to cohabitants)
- Estate of Alexander v. Alexander, 445 So.2d 836 (Miss. 1984) (live-in relationships cannot negate descent laws; no implied-contract recovery established)
- Slocum v. Hammond, 346 N.W.2d 485 (Iowa 1984) (doctrine of unjust enrichment not a broad tool for all terminated relationships)
- Adkins (Estate of Johnson v. Adkins), 513 So.2d 922 (Miss. 1987) (unjust enrichment standards and restitution principles)
- Hans v. Hans, 482 So.2d 1117 (Miss. 1986) (cited in concurrence regarding equity considerations)