Illinois Supreme Court Again Rejects Property Division For Unmarried Couples

Illinois Supreme Court Again Rejects Property Division For Unmarried Couples

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In 1979, the Illinois Supreme Court determined that common-law marriage would not be recognized in the state when the Court ruled against a woman who sought property from a man she’d had children with, but never married.  The Court’s ruling was based on upholding a “policy of discouraging cohabitation between unmarried parties and disfavoring nonmarital children,” an Illinois appeals court wrote of the case years later.

Last week, the state’s highest court weighed in on the issue in a lawsuit against a Cook County judge who sought part ownership of her longtime partner’s medical practice after the couple broke up. This time around, the Supreme Court acknowledged that societal norms and attitudes about unmarried people living together are far from what they were in the 1970s, however despite that change, the court ruled that unmarried domestic partners still have no right to the other’s property if they break up.

“Today, the court does not share the same concern or characterization of domestic partners who cohabit, nor do we condone such comparisons,” Justice Lloyd Karmeier wrote.

To read the rest of the article from the Chicago Tribune, please click on this link.   

Remember, for representation on your divorce or family law needs, including pre-decree divorce matters, parentage cases, post-decree modifications, child support, orders of protection or DCFS matters, please visit http://bennettbangser.com/ or call 312-788-2770 and schedule a consultation with one or both of our talented divorce and family law attorneys, Brad Bennett or Marc Bangser.