Bill Status of HB 4404   103rd General Assembly

Short Description:  COHABITANTS ECONOMIC REMEDIES

House Sponsors
Rep. Daniel Didech

Senate Sponsors
(Sen. Michael W. Halpin)


Last Action  View All Actions

DateChamber Action
  4/24/2024SenateReferred to Assignments

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Uniform Cohabitants' Economic Remedies Act. Allows an individual who is or was a cohabitant to commence an action on a contractual or equitable claim that arises out of contributions to the relationship, including allowing an action to be commenced on behalf of or against a deceased cohabitant. Provides that a claim for breach of a cohabitants' agreement accrues on breach and may be commenced, within 5 or 10 years after it first accrues, during cohabitation or after termination of cohabitation. Includes instances when a cohabitants' agreement may be unenforceable or voidable. Allows a cohabitant to commence an equitable action against the other cohabitant concerning entitlement to property based on the contributions to the relationship, and such an action accrues on termination of cohabitation. Sets forth applicability, governing law, effect of a court order or judgment on a third party, principles of law and equity, uniformity of application and construction, relation to electronic signatures, and transitional provisions. Defines terms.

House Floor Amendment No. 2
Provides that a claim brought under this Act is subject to any applicable affirmative defense, including, but not limited to, the statute of frauds. Provides that an equitable claim based on contributions to the relationship accrues on termination of cohabitation and is subject to equitable defenses, and may be commenced, subject to the 5-year general statute of limitation in the Code of Civil Procedure, during cohabitation or after termination of cohabitation. Provides that a court order or judgment granting relief under the Act may not impair the right or interest of a cohabitant's spouse or surviving spouse to the cohabitant's property and is subordinate to any domestic support obligation arising from a marriage of a cohabitant to another person. Provides that this Act applies to a cohabitants' agreement made on or after the effective date of the Act and to an equitable claim under the Act that accrues on or after the effective date of the Act.

Actions 
DateChamber Action
  1/8/2024HouseFiled with the Clerk by Rep. Daniel Didech
  1/16/2024HouseFirst Reading
  1/16/2024HouseReferred to Rules Committee
  2/14/2024HouseAssigned to Judiciary - Civil Committee
  3/13/2024HouseDo Pass / Short Debate Judiciary - Civil Committee; 010-004-000
  3/13/2024HousePlaced on Calendar 2nd Reading - Short Debate
  3/27/2024HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Daniel Didech
  3/27/2024HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/2/2024HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  4/16/2024HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Daniel Didech
  4/16/2024HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/17/2024HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
  4/17/2024HouseSecond Reading - Short Debate
  4/17/2024HouseHeld on Calendar Order of Second Reading - Short Debate
  4/18/2024HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 010-005-000
  4/19/2024HouseHouse Floor Amendment No. 2 Adopted
  4/19/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/19/2024HouseThird Reading - Short Debate - Passed 063-033-001
  4/19/2024HouseHouse Floor Amendment No. 1 Tabled
  4/24/2024SenateArrive in Senate
  4/24/2024SenatePlaced on Calendar Order of First Reading
  4/24/2024SenateChief Senate Sponsor Sen. Michael W. Halpin
  4/24/2024SenateFirst Reading
  4/24/2024SenateReferred to Assignments

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