(RNN) - After a breakup, a longtime Indiana couple got back together and resumed their previous co-habitational arrangement, according to court documents.
Upon what was an apparently tenuous reconciliation, John Scott and Tina Hemingway signed a contract that gave her co-ownership of 10 acres and a house he inherited from his father, but with an important proviso.
If either partner cheated on the other, the cheater would forfeit their share of the property.
Two months later, Hemingway turned up pregnant by another man, which neither party disputed.
After Hemingway moved out, Scott notified her in writing that he was invoking the no-cheat clause and taking full possession of the property.
Hemingway sued, demanding partitioning of the property. She lost.
She appealed, saying that it's illegal in Indiana to enter into contracts based on "meretricious sexual services."
The appellate court upheld the trial court's ruling, stating that her claim did not adhere because the contract did not require either party to perform sexual services, nor did it require celibacy. Cheating was the chief act that constituted breach, and cheat she did.
The court concluded that becoming pregnant by a third party was proof undeniable of infidelity, and that Hemingway "wasted little time in breaching the contract."