Blumenthal v. Brewer
Decision Date | 19 December 2014 |
Docket Number | No. 1–13–2250.,1–13–2250. |
Citation | 24 N.E.3d 168 |
Parties | Jane E. BLUMENTHAL, Plaintiff–Appellee, v. Eileen M. BREWER, Defendant–Appellant. |
Court | United States Appellate Court of Illinois |
Angelika Kuehn, of Angelika Kuehn Law Offices, of Oak Park, and Shannon Minter, pro hac vice, Amy Whelan, pro hac vice, and Cathy Sakimura, pro hac vice, all of National Center for Lesbian Rights, of San Francisco, California, for appellant.
Reuben A. Bernick, of Chicago, for appellee.
John A. Knight, of Robert Baldwin Foundation of ACLU, Inc., and Camilla B. Taylor, of Lambda Legal Defense & Education Fund, Inc., both of Chicago, and Nancy D. Polikoff, of American University Washington College of Law, of Washington, D.C., for amici curiae.
¶ 1 In 2010, Jane E. Blumenthal filed suit to partition a Chicago home she owned with Eileen M. Brewer, her former domestic partner of 26 years. Brewer counterclaimed for various remedies, including to receive sole title to the property so that the couple's overall assets would be equalized after she stayed at home with the couple's three children while Blumenthal was the family's breadwinner. The trial court dismissed Brewer's counterclaims as factually deficient, relying upon a 1979 decision, Hewitt v. Hewitt, 77 Ill.2d 49, 31 Ill.Dec. 827, 394 N.E.2d 1204 (1979). In Hewitt, the court rejected on public policy grounds a woman's suit to divide assets she accumulated with a man during a 15–year relationship in which they lived together, had three children together, but never married. Brewer appeals, primarily contending that Hewitt has been implicitly overruled by subsequent legislation favorable to same-sex domestic partnerships. American Civil Liberties Union of Illinois and Lambda Legal Defense & Education Fund, Inc., have filed an amici curiae brief in support of Brewer.
¶ 2 When a party presents a motion to dismiss a pleading or count as factually deficient, the court determines whether there are actually sufficient allegations that, if proven, could entitle the complainant to relief. In re Marriage of Centioli, 335 Ill.App.3d 650, 269 Ill.Dec. 814, 781 N.E.2d 611 (2002) ; 735 ILCS 5/2–615 (West 2010). A motion to dismiss for factual insufficiency is governed by section 2–615 of the Code of Civil Procedure. HPI Health Care Services, Inc. v. Mt. Vernon Hospital, Inc., 172 Ill.App.3d 718, 720, 122 Ill.Dec. 725, 527 N.E.2d 97, 100 (1988) ; 735 ILCS 5/2–615 (West 2010). The court must accept all well-pled facts in the complaint as true and draw reasonable inferences from those facts that are favorable to the complainant. HPI Health Care Services, 172 Ill.App.3d at 720–21, 122 Ill.Dec. 725, 527 N.E.2d at 100; Centioli, 335 Ill.App.3d 650, 269 Ill.Dec. 814, 781 N.E.2d 611. Because the issue presented is a question of law, a reviewing court applies the de novo standard when addressing a dismissal pursuant to section 2–615. Centioli, 335 Ill.App.3d 650, 269 Ill.Dec. 814, 781 N.E.2d 611; 735 ILCS 5/2–615 (West 2010).
¶ 3 The pleading at issue here relates the following. Brewer and Blumenthal became domestic partners in 1981 or 1982, while they were pursuing graduate studies at the University of Chicago. At no point during their ensuing relationship were same-sex couples legally entitled to marry in Illinois. The pair, however, exchanged rings as symbols of their lifelong commitment to each other and presented themselves to their families and friends as a committed couple.
¶ 4 Brewer subsequently attained a law degree from Harvard Law School and Blumenthal attained a medical degree from an undisclosed school.
¶ 5 After law school, Brewer gave birth to a child in 1990 and a second child in 1992. Blumenthal gave birth to a child in 1993. The couple gave all three children the same last name.
¶ 8 In 2005, when Illinois neither provided for same-sex marriage nor recognized out-of-state same-sex marriages, Blumenthal and Brewer took out a marriage license in Massachusetts. They did not, however, marry in that state.
¶ 9 In January 2008, when the children were teenagers, Blumenthal unilaterally ended her domestic partnership with Brewer by vacating the family home. The records of this court indicate that in a separate action, the former partners resolved issues of custody, child support, and responsibility for expenses such as the children's college costs. In re Custody of J.M.B., 2013 IL App (1st) 122142–U, 2013 WL 6823107. By 2011, all three children were emancipated adults.
¶ 10 Blumenthal contributed some of the costs of maintaining the residence in 2008, but as of January 2009, Brewer became solely responsible for the property's upkeep and its mortgage payments, real estate taxes, and insurance. Between 2008 and 2013, Brewer spent in excess of $215,000 on the property. She also contributed at least 15 hours per week of her personal time to the property's care. Brewer contributed more money than Blumenthal despite the fact that Blumenthal's net worth, without including inheritances, exceeded and exceeds Brewer's net worth by more than $500,000. Furthermore, due to the disproportionate time and attention that Blumenthal was able to give to her career during the relationship, Blumenthal has not only a valuable medical practice, but also more income and savings than Brewer.
¶ 11 Based on these allegations, Brewer seeks the imposition of a constructive trust over the Kimbark Avenue residence...
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