Fields and Dennis LLP

  • Our Firm
    • Our Approach and Philosophy
    • News and Media Coverage
  • Attorneys
    • Sheryl J. Dennis
    • Jonathan E. Fields
    • Vicki L. Shemin, J.D., LICSW, ACSW
    • Hugh F. Ferguson, Ph.D.
    • Andrea E. DeLaney
    • Wendie E. Murstein
    • Jonathan Crafts
    • S. Robert Fish, Jr.
    • James E. O’Connell, Jr.
    • Support Staff
      • RIKKI B. SAKSIK
  • Practices
    • Online Divorce Mediations
    • Fledgling Estate Plan for Millennials
    • Family Law
    • Divorce
    • Dispute Resolution
    • Estate Planning
    • Elder Law
    • Guardianship
    • Probate
    • Real Estate Law
    • Civil Litigation
    • Business Litigation
    • White-Collar Criminal & Regulatory Defense and Investigations
    • Mediation
    • Collaborative Law
    • Parent Coordinator
    • Arbitration
  • Resources
    • Covid 19 / Coronavirus Resource Page
    • Fledgling Estate Plan
    • Legal Information
    • Significant Cases
    • Psychology of Divorce
    • Cyber Issues and Divorce
    • Books + Videos
  • Blogs
    • Fields and Dennis LLP Blog
    • Divorce And Mediation Blog
    • Massachusetts Estate Planning Blog
  • Contact
    • Online Consultations & Mediations
    • Map & Directions
    • Pay Invoices Online
    • Contact Us
  • What Others are Saying
  • (781) 489-6776
You are here: Home / Collins v. Guggenheim

Collins v. Guggenheim

417 Mass. 615

March 10, 1994 – April 28, 1994

Middlesex County

Present: LIACOS, C.J., ABRAMS, NOLAN, O’CONNOR, & GREANEY, JJ.

Where a man cohabited with a woman for six years on a farm she owned and made financial contributions to the household and the farm’s operations, but the parties never married, he was not entitled to receive an equitable interest in the farm or an accounting of monies received by the farm since the parties’ mutual separation in 1986 [617-618]; nor was he entitled to a declaration that the farm was held in constructive trust for his benefit and an order compelling the woman to convey title to them both as tenants in common, where there was no basis for a finding of fraud, breach of fiduciary duty or other misconduct [618].

CIVIL ACTION commenced in the Middlesex Division of the Probate and Family Court Department on September 22, 1989.

The case was heard by James M. Sweeney, J.

The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.

Alan S. Geismer, Jr., for the plaintiff.

Stephen M.A. Woodworth (Peter E. Heppner with him) for the defendant.


NOLAN, J. From findings of fact (derived largely from a stipulation of facts) made by the trial judge, we learn that the plaintiff (Collins) and defendant (Guggenheim) began to cohabit in 1977 in Belmont, though they never were married to each other. Guggenheim had been married earlier and divorced and had two daughters from that marriage.

In 1979, they decided to move to a farm in Templeton, which Guggenheim had received in 1976 as part of her divorce settlement. They planned to restore and develop this

Page 616

sixty-eight acre farm which at that time had a fair market value of $10,670. The Eighteenth Century house (c. 1740) was quite primitive with no indoor plumbing, no central heating and no insulation.

In 1979, Collins and Guggenheim received a bank mortgage loan of $68,000 and an unsecured loan of $4,000 for renovation of the farm. Collins and Guggenheim became jointly liable for the loans and jointly paid principal and interest as well as real estate taxes and insurance. They moved to the farm permanently in August of 1979 with Guggenheim’s children. They maintained a joint checking account from which they paid all the expenses of the farm. Each maintained a separate and individual checking account from which funds were transferred to the joint account.

With the proceeds from the loans, the parties also built a second house connected to the farm house and a barn. Just prior to opening the joint account, the parties purchased a tractor and accessories for $3,000, of which Guggenheim contributed $900 and Collins contributed $2100. Collins also paid from his own funds for certain improvements and equipment to the extent of $8000 which are still at the farm in Guggenheim’s possession. They jointly developed part of the farm (approximately four acres) into a “pick-your-own” raspberry patch, which they operated at no profit for several years.

Their decisions concerning the farm, its financing and operation were jointly made “in an atmosphere of mutual trust.” However, at no time was there any agreement, promise, or contract to transfer title to the farm to their joint names.

In 1985, tensions between the parties began to arise. As a result, Collins left the farm in 1985 and did not return to live there until the spring of 1986. While away from the farm, Collins continued to make his monthly contributions to the joint account. An attempt to reconcile their personal difficulties failed and they mutually agreed to separate when Collins left the farm in December, 1986. Thereafter, he made no further contributions to the joint account. Guggenheim has

Page 617

since that time paid all the expenses of the farm. Total contributions to the farm between June, 1979, and December, 1986, by Collins were $55,100, and by Guggenheim $44,570.

Collins brought a complaint against Guggenheim in September, 1989, seeking, among things, a declaration that Guggenheim was a constructive trustee of the farm, and an order compelling Guggenheim to convey title to him and to her as tenants in common. In the alternative, Collins seeks an amount equal to his equitable interest in the farm and an accounting of all monies received by Guggenheim from the farm since 1986. [Note 1]

The trial judge dismissed the complaint, ruling that there was no constructive trust, no fiduciary relationship between the parties and that Collins’ payments “were not conditioned upon any agreement to give him an interest in the real estate or to share with him any increase in the value of the property.” Collins appealed. We took the case from the Appeals Court on our own motion. See G. L. c. 211A, Section 10(A). We affirm the order of dismissal.

Collins’ argument is two-pronged. First, he argues that we should adopt the rule in Oregon, though he concedes that his equitable claim is not recognized in Massachusetts. Collins proposes that we treat his relationship with Guggenheim as if they had been married. In Shuraleff v. Donnelly, 108 Or. App. 707 (1991), the Oregon Court of Appeals held that an equitable distribution of property was in order after a fourteen year period of cohabitation which included a business relationship in the development of a farm.

Cohabitation in Massachusetts does not create the relationship of husband and wife in the absence of a formal solemnization of marriage. Davis v. Misiano, 373 Mass. 261 , 262 (1977). We have not permitted the incidents of the marital relationship to attach to an arrangement of cohabitation

Page 618

without marriage. See Feliciano v. Rosemar Silver Co., 401 Mass. 141 , 142-143 (1987). We have never recognized common law marriage. However, quite apart from this longstanding rule of nonrecognition of marital rights in cohabitation, Collins fails to make out a case for equitable relief.

Collins’ second prong is a constructive trust. Absent fraud, breach of a fiduciary duty or other misconduct, we shall not impose a constructive trust. Barry v. Covich, 332 Mass. 338 , 342 (1955). The judge found that there was no fraud, breach of fiduciary duty, or other misconduct.

In short, there is no claim cognizable under equity which supports Collins’ position. Accordingly, the order of dismissal is affirmed.

So ordered.


FOOTNOTES

[Note 1] It appears that the plaintiff might continue to be liable under the joint mortgage note though the note was a ten-year note dated 1979 and hence it may be paid. He did not seek relief from this obligation in his complaint, nor does he argue for such relief on appeal. Therefore, we do not address the question.

Contact Us

Phone: 781.489.6776
Fax: 781.489.6233
80 William Street — Suite 210
Wellesley, MA 02481 USA

Recent Posts

Sheryl J. Dennis Quoted in Second Most Read Article in Massachusetts Lawyers Weekly

January 3, 2023

Attorney Sheryl Dennis was quoted in Massachusetts Lawyer Weekly’s second most read article of the year. The article discusses the feasibility of remote work from the viewpoint of a number of major law firms in the Boston area. If you are in the office, you are much more invested in the firm and the people […]

Fields and Dennis LLP Fundraiser for K9s for Warriors

December 1, 2022

Over the years Fields and Dennis have been proud to sponsor an annual holiday fundraiser for K9s for Warriors. We will be holding another holiday fundraiser through the end of the year. K9s For Warriors is a program to reduce veteran suicide and help our warriors return to a life of dignity and independence. The […]

Here are 4 Ways Divorced Parents Can Make the Holidays Joyful for Their Children – Attorney Vicki L. Shemin’s Article Featured on Divorcemag.com

November 29, 2022

Just because you and your ex-spouse are no longer together doesn’t mean you can’t co-parent peacefully during the holiday season. There are many ways divorced parents can make the holidays memorable for their children. Read the full article on Divorcemag.com https://www.divorcemag.com/blog/here-are-4-ways-divorced-parents-can-make-the-holidays-joyful-for-their-children

Congratulations to Fields and Dennis LLP Firm members who were selected as Top Lawyers for 2022 by Boston Magazine

November 22, 2022

  Fields and Dennis LLP is proud to congratulate Sheryl Dennis, Vicki L. Shemin and Jonathan Fields on being selected as Top Lawyers for 2022 by Boston Magazine. The Boston Magazine Top Lawyers list is extensively peer-reviewed and curated to bring together the top quality attorneys in Boston, making it easier for anyone seeking an […]

Sheryl J. Dennis Quoted in Massachusetts Lawyers Weekly

November 16, 2022

Attorney Sheryl Dennis was quoted in Massachusetts Lawyer Weekly this week. The article discusses the feasibility of remote work from the viewpoint of a number of major law firms in the Boston area. If you are in the office, you are much more invested in the firm and the people around you. It really is […]

Contact Us

Please use the contact form below to email Fields and Dennis LLP.

    Your Name (required)

    Daytime phone (required)

    Your Email (required)

    Brief description of your legal issue:

    Sending a message to Fields and Dennis LLP does not constitute an Attorney Client relationship. Please review our Communication Policy before sending any messages.

    Location

    FIELDS AND DENNIS LLP
    80 William Street — Suite 210
    Wellesley, MA 02481 USA
    (T) 781.489.6776
    (F) 781.489.6233

    You can also find us on…

    Recent Blogs

    • Attorney Jon Fields receives the 2022 John Adams Fiske Award
    • Attorneys Sheryl Dennis and Hugh Ferguson quoted in Newsweek
    • Sheryl J. Dennis Quoted in Second Most Read Article in Massachusetts Lawyers Weekly
    • Fields and Dennis LLP Fundraiser for K9s for Warriors
    • Here are 4 Ways Divorced Parents Can Make the Holidays Joyful for Their Children – Attorney Vicki L. Shemin’s Article Featured on Divorcemag.com

    Recent Firm News & Coverage

    • Sheryl J. Dennis Quoted in Second Most Read Article in Massachusetts Lawyers Weekly

    • Fields and Dennis LLP Fundraiser for K9s for Warriors

    • Here are 4 Ways Divorced Parents Can Make the Holidays Joyful for Their Children – Attorney Vicki L. Shemin’s Article Featured on Divorcemag.com

    • Congratulations to Fields and Dennis LLP Firm members who were selected as Top Lawyers for 2022 by Boston Magazine

    • Sheryl J. Dennis Quoted in Massachusetts Lawyers Weekly

    The Boston metro family law, divorce and estate planning attorneys at the law firm of Fields and Dennis LLP are based in the Newton Wellesley area and serve the city of Newton: Auburndale, Chestnut Hill, Newton Centre, Newton Corner, Newton Upper Falls, Newton Lower Falls, Nonantum, Oak Hill, Waban and West Newton and town of Wellesley: Babson Park, Wellesley Hills, Wellesley Square Fields and Dennis also serves many clients in the Greater Boston and Massachusetts region including Ashland, Dover, Holliston, Medfield, Needham, Sherborn, Westwood, and all of Massachusetts. Attorney Jonathan Fields is a recognized authority on bitcoin and divorce

    Copyright 2021 Fields and Dennis LLP

    Attorneys | Divorce Attorneys | Estate Planning Attorneys | Firm Overview |

    Disclaimer | Privacy Policy | Contact | Pay Invoice