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90_HB3470
735 ILCS 5/12-112 from Ch. 110, par. 12-112
Amends the Code of Civil Procedure. Excludes from the
provision prohibiting property held in tenancy by the
entirety to be sold upon judgment against one creditor,
property transferred into tenancy by the entirety with
"actual intent to hinder, delay, or defraud a creditor in
violation of the Uniform Fraudulent Transfer Act" (rather
than 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". States that
"this amendatory Act of 1998 is intended as a clarification
of existing law and not as a new enactment". Effective
immediately.
LRB9009412WHdv
LRB9009412WHdv
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 12-112.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 12-112 as follows:
7 (735 ILCS 5/12-112) (from Ch. 110, par. 12-112)
8 Sec. 12-112. What liable to enforcement. All the lands,
9 tenements, real estate, goods and chattels (except such as is
10 by law declared to be exempt) of every person against whom
11 any judgment has been or shall be hereafter entered in any
12 court, for any debt, damages, costs, or other sum of money,
13 shall be liable to be sold upon such judgment. Any real
14 property, or any beneficial interest in a land trust, held in
15 tenancy by the entirety shall not be liable to be sold upon
16 judgment entered on or after October 1, 1990 against only one
17 of the tenants, except if the property was transferred into
18 tenancy by the entirety with the actual sole intent to
19 hinder, delay, or defraud a creditor in violation of the
20 Uniform Fraudulent Transfer Act avoid the payment of debts
21 existing at the time of the transfer beyond the transferor's
22 ability to pay those debts as they become due. However, any
23 income from such property shall be subject to garnishment as
24 provided in Part 7 of this Article XII, whether judgment has
25 been entered against one or both of the tenants.
26 If the court authorizes the piercing of the ownership
27 veil pursuant to Section 505 of the Illinois Marriage and
28 Dissolution of Marriage Act or Section 15 of the Illinois
29 Parentage Act of 1984, any assets determined to be those of
30 the non-custodial parent, although not held in name of the
31 non-custodial parent, shall be subject to attachment or other
-2- LRB9009412WHdv
1 provisional remedy in accordance with the procedure
2 prescribed by this Code. The court may not authorize
3 attachment of property or any other provisional remedy under
4 this paragraph unless it has obtained jurisdiction over the
5 entity holding title to the property by proper service on
6 that entity. With respect to assets which are real property,
7 no order entered as described in this paragraph shall affect
8 the rights of bona fide purchasers, mortgagees, judgment
9 creditors, or other lien holders who acquire their interests
10 in the property prior to the time a notice of lis pendens
11 pursuant to this Code or a copy of the order is placed of
12 record in the office of the recorder of deeds for the county
13 in which the real property is located.
14 This amendatory Act of 1995 (P.A. 89-438) is declarative
15 of existing law.
16 This amendatory Act of 1997 (P.A. 90-514) is intended as
17 a clarification of existing law and not as a new enactment.
18 This amendatory Act of 1998 is intended as a
19 clarification of existing law and not as a new enactment.
20 (Source: P.A. 89-88, eff. 6-30-95; 89-438, eff. 12-15-95;
21 90-476, eff. 1-1-98; 90-514, eff. 8-22-97; revised 11-14-97.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.