Lawwly

Hewitt v. Hewitt

Illinois Supreme Court

77 Ill. 2d 49 (1979); parallel citation 394 N.E.2d 1204 (Ill. 1979)

Relevant factsFree

Victoria and Robert Hewitt lived together in an unmarried, family-like relationship for 15 years, held themselves out publicly as husband and wife, had three children, and accumulated significant wealth; Victoria's parents also gave the couple financial help at the start of Robert's pediatric-dentistry practice. When the relationship ended, Victoria (plaintiff) filed for divorce and sought an equal share of the couple's accumulated assets, arguing entitlement based on Robert's alleged promise to share his life, future, earnings, and property, on their joint efforts, on an implied contract arising from their family-like relationship, and on Robert's alleged fraudulent assurance that she was legally his wife. Victoria conceded no marriage ceremony or license ever existed. The trial court dismissed her amended petition, holding Illinois law required a valid marriage for such claims; the appellate court reversed based on the couple's public holding-out as married, and Robert (defendant) appealed.

IssueFree

Whether an unmarried cohabitant may financially recover from the other cohabitant, based on theories like implied contract or unjust enrichment, under the guise of a common-law-marriage-style claim.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases