Minieri v. Knittel

In Minieri v. Knittel (188 Misc. 2d 298, 727 N.Y.S.2d 872 [2001]) a same-sex couple's domestic partnership ended and a dispute arose over the rights of the partners to assets acquired during their union. The Minieri court noted that: "This dispute typifies the legal difficulties in relation to property which lesbian and gay couples face. Because New York State does not afford them a legal right to marry, they must use contractual, statutory, common law, and equitable vehicles to protect their interests in property. Here, the failure of plaintiff and defendant to have executed any documents specifying any changes that would occur in their respective rights to the properties at issue in the event of a dissolution of the relationship of plaintiff and defendant (admittedly anti-romantic, akin to a prenuptial agreement) leaves them in the position of needing to have a court determine their rights at law and in equity." (Id. at 300.) The Minieri court then observed that "[a] court of equity may impose a constructive trust based on a confidential relationship, which can grow out of a marital or other family relationship, such as the one here" (id.). In Minieri v. Knittel, 188 Misc.2d 298, the court expresses a sentiment as regards same-sex cohabitation in resolving disputes arising upon the dissolution of a union--"they must use contractual, statutory, common law, and equitable vehicles to protect their interests in property"--especially when the couple has failed to provide for (in Minieri) "their respective rights to the properties at issue in the event of a dissolution of the relationship . . . leaving them in the position of needing to have a court determine their rights at law and in equity" (Minieri at 300).