Cited by
Opinions in Minnesota that cite In Re Estate of Eriksen, 337 N.W.2d 671.
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In re the Marriage of:
Minn. Ct. App. 2026
But the Minnesota Supreme Court has held that the jurisdictional bar imposed by sections 513.075 and 513.076 applies only when the “sole consideration for a contract between cohabiting parties is their contemplation of sexual relations out of wedlock.”
- In re the Estate of Trisha J Ingersoll a/k/a Trisha Jolee Ingersoll, Trisha Ingersoll f/k/a Trisha Offerman, Deceased. Minn. Ct. App. 2025
- David Carl Hepfl v. Jodine Patrice Meadowcroft 9 N.W.3d 567 Minn. 2024
- David Carl Hepfl v. Jodine Patrice Meadowcroft 9 N.W.3d 567 Minn. 2024
- In re the Estate of: Joseph Rocco Figliuzzi, Minn. 2022
- In re the Marriage of: Kathleen Marie Tiedke, nka Kathleen Marie Freitag, petitioner, Respondent, Minn. Ct. App. 2019
- James C. Holmes, Respondent, Minn. Ct. App. 2018
- In re the Estate of Clara Mae Murphy Minn. Ct. App. 2017
- In re the Estate of Clara Mae Murphy Minn. Ct. App. 2017
- Jessica Jane Wittner v. Joshua Jonathan Phillips Minn. Ct. App. 2016
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Jessica Jane Wittner v. Joshua Jonathan Phillips
Minn. Ct. App. 2016
( (emphasis in original)).
- CSM Equities, LLC v. Woodland Village Investments Limited Partnership Minn. Ct. App. 2016
- CSM Equities, LLC v. Woodland Village Investments Limited Partnership Minn. Ct. App. 2016
- In re the Marriage of: Todd Emil Nelson v. Leslie Ann Nelson Minn. Ct. App. 2015
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In re the Marriage of: Todd Emil Nelson v. Leslie Ann Nelson
Minn. Ct. App. 2015
The Minnesota Supreme Court has held, however, that the jurisdictional bar imposed by sections 513.075 and 513.076 applies only when the “sole consideration for a contract between cohabiting parties is their contemplation of sexual relations out of wedlock.”
- Taras Lendzyk v. Laura Lee Wrazidlo, Mortgage Electronic Registration Systems, Inc., a Delaware corporation Minn. Ct. App. 2015
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Taras Lendzyk v. Laura Lee Wrazidlo, Mortgage Electronic Registration Systems, Inc., a Delaware corporation
Minn. Ct. App. 2015
In In re Estate of Eriksen, the supreme court concluded that the anti-palimony statutes do not prohibit claims between cohabitants when a “claimant does not seek to assert any rights in the property of a cohabitant but to preserve and protect [his or] her own property, which [was] acquired for cash consideration wholly independent of any service contract related to cohabitation.” -74 (Minn. 1983).
- Mark W. Tibbals v. Kerry G. Tibbals Minn. Ct. App. 2014
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Mark W. Tibbals v. Kerry G. Tibbals
Minn. Ct. App. 2014
Constructive trusts may be imposed when the court is persuaded “by clear and convincing evidence that the imposition of a constructive trust is justified to prevent unjust enrichment.”
- Arthur Allen Hogenson v. Michael W. Hogenson 852 N.W.2d 266 Minn. Ct. App. 2014
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Arthur Allen Hogenson v. Michael W. Hogenson
852 N.W.2d 266
Minn. Ct. App. 2014
A party seeking to establish a constructive trust must show “by clear and convincing evidence that the imposition of a constructive trust is justified to prevent unjust enrichment.”
- Peterson v. Holiday Recreational Industries, Inc. 726 N.W.2d 499 Minn. Ct. App. 2007
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Peterson v. Holiday Recreational Industries, Inc.
726 N.W.2d 499
Minn. Ct. App. 2007
The district court must be “persuaded by clear and convincing evidence that the imposition of a constructive trust is justified to prevent unjust enrichment.”
- In Re the Estate of Savich 671 N.W.2d 746 Minn. Ct. App. 2003
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In Re the Estate of Savich
671 N.W.2d 746
Minn. Ct. App. 2003
The court must be “persuaded by clear and convincing evidence that the imposition of a constructive trust is justified to prevent unjust enrichment.”
- In Re Estate of Palmen 588 N.W.2d 493 Minn. 1999
- In Re Estate of Palmen 588 N.W.2d 493 Minn. 1999
- Estate of Peterson 579 N.W.2d 488 Minn. Ct. App. 1998
- Obert v. Dahl 574 N.W.2d 747 Minn. Ct. App. 1998
- In Re Estate of Palmen 574 N.W.2d 743 Minn. Ct. App. 1998
- In Re Estate of Palmen 574 N.W.2d 743 Minn. Ct. App. 1998
- Obert v. Dahl 574 N.W.2d 747 Minn. Ct. App. 1998
- In Re Estate of Vittorio 546 N.W.2d 751 Minn. Ct. App. 1996
- In Re Estate of Vittorio 546 N.W.2d 751 Minn. Ct. App. 1996
- Roatch v. Puera 534 N.W.2d 560 Minn. Ct. App. 1995
- Roatch v. Puera 534 N.W.2d 560 Minn. Ct. App. 1995
- Sherek v. Independent School District No. 699 464 N.W.2d 582 Minn. Ct. App. 1990
- Sherek v. Independent School District No. 699 464 N.W.2d 582 Minn. Ct. App. 1990
- Head v. Metropolitan Life Insurance Co. 449 N.W.2d 449 Minn. Ct. App. 1989
- Estate of Spiess v. Schumm 448 N.W.2d 106 Minn. Ct. App. 1989
- Estate of Spiess v. Schumm 448 N.W.2d 106 Minn. Ct. App. 1989
- Mechura v. McQuillan 419 N.W.2d 855 Minn. Ct. App. 1988
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Mechura v. McQuillan
419 N.W.2d 855
Minn. Ct. App. 1988
Appellant, relying on argues the cohabitation statutes do not apply to this case because she made contributions to the parties’ relationship.
- Moore v. Sordahl 389 N.W.2d 748 Minn. Ct. App. 1986
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Moore v. Sordahl
389 N.W.2d 748
Minn. Ct. App. 1986
§§ 513.075 and 513.-076 were therefore inapplicable to this case but relied on three post-1980 cohabitation decisions in dismissing appellant’s claim for equitable relief:
- Fredin v. Farmers State Bank of Mountain Lake 384 N.W.2d 532 Minn. Ct. App. 1986
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Fredin v. Farmers State Bank of Mountain Lake
384 N.W.2d 532
Minn. Ct. App. 1986
(citing Knox v. Knox, 222 Minn. 477, 481 , ).
- Wilson v. Skogerboe 379 N.W.2d 696 Minn. Ct. App. 1986
- Wilson v. Skogerboe 379 N.W.2d 696 Minn. Ct. App. 1986
- Ferguson v. Shea 374 N.W.2d 575 Minn. Ct. App. 1985