In re Marriage of Allen
2016 IL App (1st) 151620
| Ill. App. Ct. | 2016Background
- Married for under seven months; cross-petition for dissolution under 750 ILCS 5/401.
- Debra sought to amend to assert common law claims based on premarital cohabitation and support provided.
- Trial court denied leave to amend and declined to reopen discovery; dissolution judgment issued.
- Debra claimed Keith’s pre-marital wealth grew from her support and time together.
- Trial court relied on Hewitt v. Hewitt to deny common law claims; court of appeals later discussed Blumenthal but upheld Hewitt-based reasoning.
- Appeal challenges denial of leave to amend and the admissibility of common law claims; ultimately affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Debra may pursue common law property claims for premarital cohabitation. | Allen contends Blumenthal controls; premarital cohabitation supports property. | Allen relies on Hewitt to bar common law claims for unmarried partners. | Hewitt controls; deny common law premarital claims; uphold denial. |
Key Cases Cited
- Hewitt v. Hewitt, 77 Ill. 2d 49; 394 N.E.2d 1204 (Illinois Supreme Court, 1979) (rejects mutual property rights for unmarried couples; public policy opposes common law marriage)
- Blumenthal v. Brewer, 2014 IL App (1st) 132250; 24 N.E.3d 168 (Illinois Appellate Court, First District, 2014) (recognizes same-sex domestic relations rights and allows some common law claims post Hewitt context)