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Wednesday, January 04, 2017

Ind. Decisions - "Girlfriend cheats way out of [property interest], court says"

Last Friday's Court of Appeals opinion in Tina L. Hemingway v. John P. Scott (ILB summary here) was the subject yesterday of a story in the Indianapolis Star reported by Fatima Hussein. The story begins:

Eight years into their relationship, John Scott decided to add his girlfriend's name to the title of 10 acres he had long since inherited. But the Madison man had a condition: She couldn't cheat on him.

And they put it in writing.

About two months after they signed the handwritten contract, his girlfriend, Tina Hemingway, became pregnant. By another man.

Their relationship was about to end. Their court battle was about to begin.

Hemingway delivered the child in January 2013. She moved out in early June 2013, and that same month, Scott sent Hemingway written notice that she was in breach of the contract and must return her interest in the property to him, according to court documents.

Hemingway filed a suit to partition the property, and subsequently, Scott filed a counterclaim for breach of contract.

Scott won round one last year when Jefferson Circuit Court judge Darrell M. Auxier ruled in his favor. Hemingway filed an appeal in April.

Posted by Marcia Oddi on January 4, 2017 09:15 AM
Posted to Ind. App.Ct. Decisions