Saint Clair Shores, MI asked in Contracts and Family Law for Michigan

Q: Are text messages contractural in a personal relationship?

I was involved with a man who was in the process of divorcing his wife (Have Court Docket). We've known each over 20 years and became personally involved for about a year. Within 20-25 days of receiving a handwritten note of love and devotion, he abruptly returned to his marriage "without notice" in September 2022. I have printed out 90/95 pages of texts, as well as emails, and a few handwritten notes on his personal stationery expressing his promises/commitments of financial benefits I'd be receiving i.e new car, jewelry, travel, and purchase of retirement property in Colorado (he provided me a budget of 1.50M to 2.5M to preview properties online and contact listing agents for further information). I was wise enough to stay employed but my employment does not even come close to his promises made and his net worth of +/- 7M (he had many forthcoming commission checks - some in the 6 digits). Do I have any legal option(s) to pursue financial recourse?

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2 Lawyer Answers
Thomas. R. Morris
Thomas. R. Morris
Answered
  • Dexter, MI
  • Licensed in Michigan

A: The first problem is that the state of Michigan abolished the cause of action for breach of promise to marry. The second problem is that the other contracting party is married. I expect that the court would find that his contract to marry someone when he was already married is against public policy, and not enforceable for that reason. I have not fully researched the issues, but this should give you a start on your evaluation of the prospects of your claim.

Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: What exactly were his promises to you? By your question, it sounds like he effectively told you "if you move out here with me, I'll do this...". You indicate you have not moved. Had you moved, you might then have some sort of promissory estoppel claim. But unless there is more to the story, I'm not sure what legal action you could pursue.

Your other issue is that depending on how all this is framed, a court could justify not enforcing this agreement as it's arguably against public policy. Even if a contract is otherwise enforceable (e.g. there is an offer, acceptance, and consideration), if the contract itself goes against "public policy", it won't be enforced. An example would be "I'll give you X-dollars to divorce your spouse and marry me".

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