In the Matter of the Committed Intimate Relationship of: Elizabeth York & David Donovick
40141-3
Wash. Ct. App.Mar 11, 2025Background
- Elizabeth York and David Donovick cohabitated between April 2013 and February 2021, holding themselves out as a couple and sharing property and expenses.
- After the relationship ended, York filed a petition in Washington state court to dissolve their alleged committed intimate relationship (CIR) and equitably divide property and debts.
- At the time of the petition, both parties resided in Idaho, not Washington.
- Donovick responded, contested the CIR’s existence, and filed his own claims (breach of contract, quantum meruit, equitable lien, tortious interference), which were consolidated for trial.
- The trial court found a CIR existed, divided property and debts, and denied all of Donovick’s claims for relief.
- Donovick appealed, raising issues of subject matter jurisdiction, the existence of a CIR, the property division, and denial of his claims.
Issues
| Issue | Plaintiff’s Argument (Donovick) | Defendant’s Argument (York) | Held |
|---|---|---|---|
| Subject Matter Jurisdiction | Court lacked jurisdiction because neither party resided in Washington at filing; CIR dissolution should have same residency requirement as marriage. | Superior courts have general jurisdiction over CIRs, which are judicially created, not statutory; no residency requirement applies. | Superior court had subject matter jurisdiction under constitutional general jurisdiction. |
| Existence of a CIR | Parties weren’t in a CIR due to infidelity and York moving in with another man after breakup. | Relationship met all CIR factors: cohabitation, pooled resources, long-term commitment, public presentation as a couple. | CIR existed from 2013 to 2021; infidelity did not outweigh other factors. |
| Equitable Distribution of Property | Property division was inequitable due to lack of financial disclosure by York. | No procedural or substantive error; Donovick did not object at trial or show prejudice. | No manifest error; property division affirmed. |
| Denial of Claims (Contract/ Quantum Meruit) | If court lacked CIR jurisdiction, his contract and quantum meruit claims should prevail. | Claims properly denied on merits; jurisdiction was proper. | Claims denied; arguments on these points were inadequately briefed on appeal. |
Key Cases Cited
- Connell v. Francisco, 127 Wn.2d 339 (Wash. 1995) (establishes the factors for identifying committed intimate relationships and the principle of equitable property division at dissolution)
- In re Marriage of Pennington, 142 Wn.2d 592 (Wash. 2000) (addresses the mixed question of law and fact in determining the existence of a CIR)
- State v. Stenson, 132 Wn.2d 668 (Wash. 1997) (unchallenged findings of fact are accepted as true on appeal)
- State v. Homan, 181 Wn.2d 102 (Wash. 2014) (stands for treating unchallenged findings as verities on appeal)
- Amy v. Kmart of Wash. LLC, 153 Wn. App. 846 (Wash. Ct. App. 2009) (subject matter jurisdiction is rarely lacking in Washington courts)
