Eaton v. Johnston

Spencer, J.:

This is a domestic relations case in which defendant (husband) has appealed from the trial court’s determination that a common law marriage between the parties did not exist, and the court’s refusal to consider a division of property.

Plaintiff and defendant were married December 21, 1957. They were divorced August 3, 1977. Four children had been born of their marriage, one of whom, a son born July 16, 1970, is still a minor and remains in the custody of plaintiff. By the decree of August 3,1977, much and perhaps most of the property which had been accumulated by the parties was…