Blumenthal v. Brewer
24 N.E.3d 168
| Ill. App. Ct. | 2014Background
- Brewer and Blumenthal were domestic partners for ~26 years in Illinois, never married.
- They co-purchased a Chicago home in 1999 and commingled assets, with Brewer as primary caregiver and Blumenthal as the top earner.
- They cross-adopted their three children in 2002 and registered as domestic partners in Cook County.
- Brewer spent substantial funds on the residence and contributed time; Blumenthal earned significantly more, creating disparate financial positions.
- In 2008-2011 Brewer sought remedies including a constructive trust or partition adjustments; Blumenthal opposed, citing Hewitt v. Hewitt.
- Trial court dismissed Brewer’s counterclaims as factually deficient under Hewitt; appeal diverted to whether Hewitt remains good public policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hewitt remains controlling public policy against unmarried cohabitants | Brewer argues Hewitt is implicitly overruled by modern law recognizing nonmarital families. | Blumenthal argues Hewitt remains valid as policy against common-law-like status. | Public policy against unmarried cohabitants no longer exists; remand to evaluate remaining claims. |
| Whether Brewer may state common-law unjust enrichment/quantum meruit claims despite Hewitt | Brewer contends statutes and cases now permit such claims between former cohabitants. | Blumenthal contends Hewitt forecloses these claims absent legislative change. | Remand required to analyze remaining claims consistent with updated law. |
Key Cases Cited
- Hewitt v. Hewitt, 77 Ill. 2d 49 (1979) (public policy against recognizing property rights for unmarried cohabitants)
- Ayala v. Fox, 206 Ill. App. 3d 538 (1990) (rejected equitable interest in nonmarital home under Hewitt)
- Costa v. Oliven, 365 Ill. App. 3d 244 (2006) (continued application of Hewitt’s policy against nonmarital property claims)
- Marvin v. Marvin, 557 P.2d 106 (Cal. 1976) (contractual recognition between former cohabitants where not based on sex-for-value)
- In re Marriage of Centioli, 335 Ill. App. 3d 650 (2002) (deals with pleading standard and section 2-615 dismissal standards)
- Estate of Hall, 302 Ill. App. 3d 829 (1998) (unmarried partner recognition case in probate context)