SB2777 103RD GENERAL ASSEMBLY

LRB103 36549 JRC 66656 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2777

Introduced 1/17/2024, by Sen. Natalie Toro

SYNOPSIS AS INTRODUCED:

750 ILCS 65/1	from Ch. 40, par. 1001
750 ILCS 65/2	from Ch. 40, par. 1002
750 ILCS 65/5	from Ch. 40, par. 1005
750 ILCS 65/9	from Ch. 40, par. 1009
750 ILCS 65/10	from Ch. 40, par. 1010
750 ILCS 65/11	from Ch. 40, par. 1011
750 ILCS 65/12	from Ch. 40, par. 1012
750 ILCS 65/13	from Ch. 40, par. 1013
750 ILCS 65/14	from Ch. 40, par. 1014
750 ILCS 65/15	from Ch. 40, par. 1015
750 ILCS 65/16	from Ch. 40, par. 1016
750 ILCS 65/17	from Ch. 40, par. 1017
750 ILCS 65/22	from Ch. 40, par. 1022
750 ILCS 75/10
765 ILCS 5/19	from Ch. 30, par. 18
765 ILCS 5/27	from Ch. 30, par. 26
765 ILCS 1005/1	from Ch. 76, par. 1
765 ILCS 1005/1c	from Ch. 76, par. 1c

Amends the Illinois Religious Freedom Protection and Civil Unions Act, the Conveyances Act, the Joint Tenancy Act, and the Rights of Married Persons Act. Inserts gender neutral descriptions showing marital status.

A BILL FOR

AN ACT concerning property.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Rights of Married Persons Act is amended by changing Sections 1, 2, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 22 as follows:

(750 ILCS 65/1) (from Ch. 40, par. 1001)

Sec. 1. Rights to sue and be sued. A married person may, in all cases, sue and be sued without joining his or her spouse as if unmarried. Either spouse A husband or wife may sue the other for a tort committed during the marriage. No finding by any court under Section 401 of the Illinois Marriage and Dissolution of Marriage Act shall be admissible or be used as prima facie evidence of a tort in any civil action brought under this Act. An attachment or judgment in an action may be enforced by or against a married person as if unmarried.

(Source: P.A. 87-286.)

(750 ILCS 65/2) (from Ch. 40, par. 1002)

Sec. 2. Defending in own right or for other. If a married couple husband and wife are sued together, either may defend for his or her own right and, if either neglects to defend, the other may defend for both.

(Source: P.A. 87-286.)

(750 ILCS 65/5) (from Ch. 40, par. 1005)

Sec. 5. Neither spouse in a marriage husband or wife shall be liable for the debts or liabilities of the other incurred before marriage, and (except as herein otherwise provided) they shall not be liable for the separate debts of each other, nor shall the wages, earnings or property of either, nor the rent or income of such property, be liable for the separate debts of the other.

(Source: R.S. 1874, p. 576.)

(750 ILCS 65/9) (from Ch. 40, par. 1009)

Sec. 9. Property. A married person may own in his or her own right real and personal property obtained by descent, gift, or purchase and may manage, sell, and convey that property to the same extent and in the same manner as an unmarried person. When the spouses husband and wife live together, however, no transfer or conveyance of goods and chattels between the spouses husband and wife shall be valid as against the rights and interests of any third person unless the transfer or conveyance is in writing and filed in the same manner as security interests are required to be filed by the laws of this State in cases where the possession of the property is to remain with the person giving the security.

(Source: P.A. 87-286.)

(750 ILCS 65/10) (from Ch. 40, par. 1010)

Sec. 10. Should either spouse the husband or wife unlawfully obtain or retain possession or control of property belonging to the other, either before or after marriage, the owner of the property may maintain an action therefor, or for any right growing out of the same, in the same manner and to the same extent as if they were unmarried.

(Source: R.S. 1874, p. 576.)

(750 ILCS 65/11) (from Ch. 40, par. 1011)

Sec. 11. In case one spouse the husband or wife abandons the other and leaves the state, and is absent therefrom for one year, without providing for the maintenance and support of his or her family, or is imprisoned in the penitentiary, the circuit court in the county where the abandoned spouse or the spouse who is the husband or wife so abandoned or, not confined, resides, may, on application by petition, setting forth fully the facts, if the court is satisfied of the necessity by the evidence, authorize him or her to manage, control, sell or incumber the property of the other, as shall be necessary, in the judgment of the court, for the support and maintenance of the family, and for the purpose of paying debts of the other, or debts contracted for the support of the family. Notice of such proceedings shall be given as in other civil actions, and anything done under or by virtue of the order or judgment of the court, shall be valid to the same extent as if the same were done by the party owning the property.

(Source: P.A. 84-1308.)

(750 ILCS 65/12) (from Ch. 40, par. 1012)

Sec. 12. All contracts, sales or incumbrances made by one spouse to a marriage either the husband or wife, by virtue of the power contemplated in the preceding section, shall be binding on both, and during such absence or confinement, the person acting under such power may sue and be sued thereon; and for all acts done the property of both shall be liable, and execution may be levied or attachment issued accordingly. No suit or proceeding shall abate, or be in anywise affected, by the return or release of the person absent or confined, but he or she shall be permitted to prosecute or defend jointly with the other.

(Source: R.S. 1874, p. 576.)

(750 ILCS 65/13) (from Ch. 40, par. 1013)

Sec. 13. The spouse husband or wife affected by the proceedings contemplated in the 2 preceding sections may have the order or judgment of the court set aside or annulled, by filing a petition therefor and serving a notice on the person in whose favor the same was granted, as in other civil actions. But the setting aside of such judgment or order shall in nowise affect any act done thereunder.

(Source: P.A. 84-1308.)

(750 ILCS 65/14) (from Ch. 40, par. 1014)

Sec. 14. Either spouse A husband or wife may constitute the other as his or her attorney in fact, to control and dispose of his or her property for their mutual benefit or otherwise, and may revoke the same to the same extent and in the same manner as other persons.

(Source: R.S. 1874, p. 576.)

(750 ILCS 65/15) (from Ch. 40, par. 1015)

Sec. 15. (a)(1) The expenses of the family and of the education of the children shall be chargeable upon the property of both spouses husband and wife, or of either of them, in favor of creditors therefor, and in relation thereto they may be sued jointly or separately.

(2) No creditor, who has a claim against a spouse or former spouse for an expense incurred by that spouse or former spouse which is not a family expense, shall maintain an action against the other spouse or former spouse for that expense except:

(A) an expense for which the other spouse or former spouse agreed, in writing, to be liable; or

(B) an expense for goods or merchandise purchased by or in the possession of the other spouse or former spouse, or for services ordered by the other spouse or former spouse.

(3) Any creditor who maintains an action in violation of this subsection (a) for an expense other than a family expense against a spouse or former spouse other than the spouse or former spouse who incurred the expense, shall be liable to the other spouse or former spouse for his or her costs, expenses and attorney's fees incurred in defending the action.

(4) No creditor shall, with respect to any claim against a spouse or former spouse for which the creditor is prohibited under this subsection (a) from maintaining an action against the other spouse or former spouse, engage in any collection efforts against the other spouse or former spouse, including, but not limited to, informal or formal collection attempts, referral of the claim to a collector or collection agency for collection from the other spouse or former spouse, or making any representation to a credit reporting agency that the other spouse or former spouse is any way liable for payment of the claim.

(b) (Blank).

(c) (Blank).

(Source: P.A. 101-13, eff. 6-12-19.)

(750 ILCS 65/16) (from Ch. 40, par. 1016)

Sec. 16. Neither spouse the husband nor wife can remove the other or their children from their homestead without the consent of the other, unless the owner of the property shall, in good faith, provide another homestead suitable to the condition in life of the family; and if one spouse abandons the other, the abandoned spouse he abandons her, she is entitled to the custody of their minor children, unless a court of competent jurisdiction, upon application for that purpose, shall otherwise direct.

(Source: R.S. 1874, p. 576.)

(750 ILCS 65/17) (from Ch. 40, par. 1017)

Sec. 17. When one spouse the husband or wife is under legal disability and therefore incapable of executing a deed or mortgage, and relinquishing or conveying his or her right to homestead in the real property of the other, such other person may present his or her petition to the circuit court in the county where the petitioner resides, or where the real estate to be affected is situated, setting forth the facts, and particularly describing the real estate sought to be conveyed or mortgaged, and asking for an order authorizing the petitioner, or some other person, to execute a deed or mortgage for the person who is under legal disability, and thereby relinquish his or her right of homestead in the real estate.

(Source: P.A. 83-706.)

(750 ILCS 65/22) (from Ch. 40, par. 1022)

Sec. 22. Nothing in this Act abolishes or prevents the creation and enjoyment of the estate of tenancy by the entirety with respect to any 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 spouses married to each other together during marriage husband and wife during coverture made or executed on or after October 1, 1990.

This amendatory Act of 1995 is declarative of existing law.

(Source: P.A. 89-88, eff. 6-30-95; 89-438, eff. 12-15-95.)

Section 10. The Illinois Religious Freedom Protection and Civil Union Act is amended by changing Section 10 as follows:

(750 ILCS 75/10)

Sec. 10. Definitions. As used in this Act:

"Certificate" means a document that certifies that the persons named on the certificate have established a civil union in this State in compliance with this Act.

"Civil union" means a legal relationship between 2 persons, of either the same or opposite sex, established pursuant to this Act.

"Department" means the Department of Public Health.

"Officiant" means the person authorized to certify a civil union in accordance with Section 40.

"Party to a civil union" means a person who has established a civil union pursuant to this Act. "Party to a civil union" means, and shall be included in, any definition or use of the terms "spouse", "family", "immediate family", "dependent", "next of kin", "marriage", "married", "married to each other", "husband", "wife", "bride", "groom", "wedlock", and other terms that refer to or denote the spousal relationship, as those terms are used throughout the law, regardless of whether the parties to a civil union are of the same sex or different sexes.

(Source: P.A. 96-1513, eff. 6-1-11.)

Section 15. The Conveyances Act is amended by changing Sections 19 and 27 as follows:

(765 ILCS 5/19) (from Ch. 30, par. 18)

Sec. 19. The acknowledgment or proof of any deed, mortgage, conveyance, power of attorney, or other writing of or relating to the sale, conveyance, or other disposition of lands or real estate, or any interest therein, by a married person woman, may be made and certified the same as if that person was unmarried she were a feme sole, and shall have the same effect.

(Source: P.A. 77-435.)

(765 ILCS 5/27) (from Ch. 30, par. 26)

Sec. 27.

No deed or other instrument shall be construed as releasing or waiving the right of homestead, unless the same shall contain a clause expressly releasing or waiving such right. And no release or waiver of the right of homestead by one spouse the husband or wife shall bind the other spouse unless such other spouse joins in such release or waiver.

(Source: P.A. 80-346.)

Section 20. The Joint Tenancy Act is amended by changing Sections 1 and 1c as follows:

(765 ILCS 1005/1) (from Ch. 76, par. 1)

Sec. 1. No estate in joint tenancy in any lands, tenements or hereditaments, or in any parts thereof or interest therein, shall be held or claimed under any grant, legacy or conveyance whatsoever heretofore or hereafter made, other than to executors and trustees, unless the premises therein mentioned shall expressly be thereby declared to pass not in tenancy in common but in joint tenancy; and every such estate other than to executors and trustees (unless otherwise expressly declared as aforesaid, or unless, as to a devise or conveyance of homestead property, expressly declared to pass to individuals married to each other a husband and wife as tenants by the entirety in the manner provided by Section 1c), shall be deemed to be in tenancy in common and all conveyances heretofore made, or which hereafter may be made, wherein the premises therein mentioned were or shall be expressly declared to pass not in tenancy in common but in joint tenancy, are hereby declared to have created an estate in joint tenancy with the accompanying right of survivorship the same as it existed prior to the passage of "An Act to amend Section 1 of an Act entitled: 'An Act to revise the law in relation to joint rights and obligations,' approved February 25, 1874, in force July 1, 1874," approved June 26, 1917.

(Source: P.A. 86-966.)

(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 shall be made by both spouses during marriage or a civil union 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 married to each other or in a civil union husband and wife, and the spouses 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 both spouses 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 married to each other or in a civil union 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 the 103rd General Assembly and the This amendatory Act of 1995 are is declarative of existing law.

(Source: P.A. 96-1145, eff. 1-1-11.)