Rep. Daniel Didech
Filed: 4/16/2024
 
 

 
 

 
10300HB4404ham002LRB103 35869 JRC 72438 a

1
AMENDMENT TO HOUSE BILL 4404 

2    AMENDMENT NO. ______. Amend House Bill 4404 as follows:
 
3on page 3, line 4, immediately after the period, by inserting 
4"A claim brought under this Act is subject to any applicable 
5affirmative defense, including, but not limited to, the 
6statute of frauds."; and
 
7on page 5, line 5, immediately after "cohabitant", by 
8inserting "or the estate of the other cohabitant"; and 
 
9on page 5, line 6, immediately after "property", by inserting 
10"or reimbursement"; and
 
11on page 5, line 12, immediately after "defenses", by inserting 
12"and may be commenced, subject to Section 13-205 of the Code of 
13Civil Procedure, during cohabitation or after termination of 
14cohabitation"; and 
 
 
 
10300HB4404ham002- 2 -LRB103 35869 JRC 72438 a

1on page 6, line 6, by replacing "general" with "unsecured"; 
2and
 
3on page 6, by replacing lines 10 through 22 with the following:
4    "(c) A court order or judgment granting relief under this 
5Act may not impair the right or interest of a cohabitant's 
6spouse or surviving spouse to the cohabitant's property and is 
7subordinate to any domestic support obligation arising from a 
8marriage of a cohabitant to another person."; and 
 
9on page 7, by replacing lines 14 through 18 with the following:
10    "(a) This Act applies to a cohabitants' agreement made on 
11or after the effective date of this Act.
12    (b) This Act applies to an equitable claim that is made 
13under this Act that accrues on or after the effective date of 
14this Act.".