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Robinson v. Robinson

Appellate Court of the Second District of Illinois
100 Ill. App. 3d 437 (1981)


Facts

Ann Robinson (plaintiff) sued Wylie Robinson (defendant) for divorce and his parents Earl and Alice Robinson (defendants) to establish her rights in certain property. Earl and Alice owned real property upon which Ann and Wylie had built, improved, and maintained a house. There was no written agreement between the two couples regarding a transfer of title to the property. After Ann and Wylie experienced marital difficulties and began divorce proceedings, Ann alleged that Earl and Alice would be unjustly enriched if they retained the property without paying Ann restitution. Wylie himself disclaimed any interest in the property. The trial judge concluded in Ann’s favor and granted her half the value of the improvements, minus the value of the land, after making a provision for the payment of a loan from Earl and Alice. The trial judge further attached a lien to the property for child support and other payments owed to Ann by Wylie. Earl and Alice appealed, arguing that unjust enrichment was not applicable because they had not asked Ann and Wylie to improve the property.

Rule of Law

Issue

Holding and Reasoning (Unverzagt, J.)

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