Blumenthal v. Brewer

(THEIS and BURKE, dissenting upon denial of rehearing, 10/20/16.) Illinois Supreme Court's 1979 opinion in Hewitt v. Hewitt remains good law. Hewitt decision held that Illinois public policy precludes unmarried cohabitants from bringing claims against one another to enforce mutual property rights where rights asserted are rooted in a marriage-like relationship between the parties. Defendant's counterclaim for restitution, for her contribution to ownership interest in company, does not have an independent economic basis apart from the parties' relationship, and contravenes public policy implicit in Marriage and Dissolution of Marriage Act. The current legislative and judicial trend is to uphold institution of marriage. (GARMAN, FREEMAN, THOMAS, and KILBRIDE, concurring; THEIS and BURKE, concurring in part and dissenting in part.)