Wimmer v. Wimmer

We are asked to decide, under the circumstances of this case, whether a constructive trust may be impressed upon a one-half interest in real property which constituted the marital domicile of the parties, where the funds to purchase said property resulted solely from the husband’s labors and where the wife’s contribution to the marriage was solely that of a wife and mother.

Cecil and Annie Wimmer were married in 1940 and divorced in 1977. During their marriage Cecil was the breadwinner; Annie was the homemaker. He always worked; she never did except for a short period as a babysitter for her…