Blumenthal, despite a changing society, leaves common-law couples behind

Lawyers' Forum

By Kimberly Glasford

Kimberly Glasford is a law clerk for 1st District Appellate Justice Terrence J. Lavin. She may be reached at kimanne85@yahoo.com.

Posted August 29, 2016 12:52 PM

Updated August 30, 2016 11:38 AM

Thirty-seven years ago, the Illinois Supreme Court held in Hewitt v. Hewitt, 77 Ill. 2d 49 (1979), that unmarried cohabitants cannot bring claims against each other to enforce mutual property rights because allowing such recovery would violate Illinois’ statutory prohibition against common law marriage.Despite dramatic changes in society and the law, the Illinois Marriage and Dissolution of Marriage Act still states that common law marriages are invalid. 750 ILCS 5/214 (West 2016).Consequently, our Supreme Court …

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