Public Act 096-1145
 
HB5282 EnrolledLRB096 16285 AJO 31543 b

    AN ACT concerning real property.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Section 12-112 as follows:
 
    (735 ILCS 5/12-112)  (from Ch. 110, par. 12-112)
    Sec. 12-112. What liable to enforcement. All the lands,
tenements, real estate, goods and chattels (except such as is
by law declared to be exempt) of every person against whom any
judgment has been or shall be hereafter entered in any court,
for any debt, damages, costs, or other sum of money, shall be
liable to be sold upon such judgment. Any real property, or any
beneficial interest in a land trust, or any interest in real
property held in a revocable inter vivos trust or revocable
inter vivos trusts created for estate planning purposes, held
in tenancy by the entirety shall not be liable to be sold upon
judgment entered on or after October 1, 1990 against only one
of the tenants, except if the property was transferred into
tenancy by the entirety with the sole intent to avoid the
payment of debts existing at the time of the transfer beyond
the transferor's ability to pay those debts as they become due.
However, any income from such property shall be subject to
garnishment as provided in Part 7 of this Article XII, whether
judgment has been entered against one or both of the tenants.
    If the court authorizes the piercing of the ownership veil
pursuant to Section 505 of the Illinois Marriage and
Dissolution of Marriage Act or Section 15 of the Illinois
Parentage Act of 1984, any assets determined to be those of the
non-custodial parent, although not held in name of the
non-custodial parent, shall be subject to attachment or other
provisional remedy in accordance with the procedure prescribed
by this Code. The court may not authorize attachment of
property or any other provisional remedy under this paragraph
unless it has obtained jurisdiction over the entity holding
title to the property by proper service on that entity. With
respect to assets which are real property, no order entered as
described in this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other lien
holders who acquire their interests in the property prior to
the time a notice of lis pendens pursuant to this Code or a
copy of the order is placed of record in the office of the
recorder of deeds for the county in which the real property is
located.
    This amendatory Act of 1995 (P.A. 89-438) is declarative of
existing law.
    This amendatory Act of 1997 (P.A. 90-514) is intended as a
clarification of existing law and not as a new enactment.
(Source: P.A. 89-88, eff. 6-30-95; 89-438, eff. 12-15-95;
90-476, eff. 1-1-98; 90-514, eff. 8-22-97; 90-655, eff.
7-30-98.)
 
    Section 10. The Joint Tenancy Act is amended by changing
Section 1c as follows:
 
    (765 ILCS 1005/1c)  (from Ch. 76, par. 1c)
    Sec. 1c. Whenever a devise, conveyance, assignment, or
other transfer of property, including a beneficial interest in
a land trust, maintained or intended for maintenance as a
homestead by both husband and wife together during coverture
shall be made and the instrument of devise, conveyance,
assignment, or transfer expressly declares that the devise or
conveyance is made to tenants by the entirety, or if the
beneficial interest in a land trust is to be held as tenants by
the entirety, the estate created shall be deemed to be in
tenancy by the entirety. Where the homestead is held in the
name or names of a trustee or trustees of a revocable inter
vivos trust or of revocable inter vivos trusts made by the
settlors of such trust or trusts who are husband and wife, and
the husband and wife are the primary beneficiaries of one or
both of the trusts so created, and the deed or deeds conveying
title to the homestead to the trustee or trustees of the trust
or trusts specifically state that the interests of the husband
and wife to the homestead property are to be held as tenants by
the entirety, the estate created shall be deemed to be a
tenancy by the entirety. Subject to the provisions of paragraph
(d) of Section 2 and unless otherwise assented to in writing by
both tenants by the entirety, the estate in tenancy by the
entirety so created shall exist only if, and as long as, the
tenants are and remain married to each other, and upon the
death of either such tenant the survivor shall retain the
entire estate; provided that, upon a judgment of dissolution of
marriage or of declaration of invalidity of marriage, the
estate shall, by operation of law, become a tenancy in common
until and unless the court directs otherwise; provided further
that the estate shall, by operation of law, become a joint
tenancy upon the creation and maintenance by both spouses
together of other property as a homestead. A devise,
conveyance, assignment, or other transfer to 2 grantees who are
not in fact husband and wife that purports to create an estate
by the entirety shall be construed as having created an estate
in joint tenancy. An estate in tenancy by the entirety may be
created notwithstanding the fact that a grantor is or the
grantors are also named as a grantee or the grantees in a deed.
No deed, contract for deed, mortgage, or lease of homestead
property held in tenancy by the entirety shall be effective
unless signed by both tenants. This Section shall not apply to
nor operate to change the effect of any devise or conveyance.
    This amendatory Act of 1995 is declarative of existing law.
(Source: P.A. 92-136, eff. 1-1-02.)