Holding: Where plaintiff and her late husband entered into a post-marriage agreement pursuant to which they agreed to keep their property – including the husband’s Ashe County property – separate, plaintiff’s claim for the $397,872 that she contributed to building the couple’s retirement home on the Ashe County property is barred by the Statute of Frauds.
We affirm the trial court’s grant of defendants’ motion to dismiss.
Although plaintiff’s unjust enrichment claim may not be barred by the Statute of Frauds, without an allegation of her late husband’s express promise to convey an interest in his property or to repay plaintiff for her contributions, plaintiff has no forecast of evidence allowing a recovery based on unjust enrichment. An implied promise is insufficient. In any event, plaintiff had ample opportunity to recoup her contributions and, under these circumstances, it would not be unjust for the owner to keep the benefit of the improvements without compensating the improver.
Parsons v. Parsons (Lawyers Weekly No. 012-023-18, 11 pp.) (Ann Marie Calabria, J.) (Hunter Murphy, J., concurring in the result without separate opinion) Appealed from Ashe County Superior Court (John Craig III, J.) John Logsdon for plaintiff; Jay Vannoy and John Vannoy Jr. for defendants. N.C. App. Unpub.