Connell v. Francisco

Utter, J.*

(dissenting) — I disagree with the majority’s conclusion that the Court of Appeals misinterpreted our decision in In re Marriage of Lindsey, 101 Wn.2d 299, 678 P.2d 328 (1984) when it applied the principles found in RCW 26.09.080 to meretricious relationships. By limiting the distribution of property following a meretricious relationship to property that would have been characterized as community property had the parties been married, the majority establishes a new rule that will be uncertain in application and will likely interfere with the ability of the courts to "make a just and…