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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0961 Introduced 01/31/11, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | 735 ILCS 5/12-901 | from Ch. 110, par. 12-901 |
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Amends the Code of Civil Procedure. Makes a technical change in provisions
concerning exemption of homesteads from enforcement of judgments.
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| | A BILL FOR |
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| | HB0961 | | LRB097 03784 AJO 43821 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 12-901 as follows:
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| 6 | | (735 ILCS 5/12-901)
(from Ch. 110, par. 12-901)
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| 7 | | Sec. 12-901. Amount. Every individual
is entitled to an |
| 8 | | estate of
homestead to the
the extent in value of $15,000 of |
| 9 | | his or her
interest in
a farm or lot of land and
buildings |
| 10 | | thereon, a condominium, or personal property,
owned or rightly |
| 11 | | possessed by lease or otherwise
and occupied by him or her as a |
| 12 | | residence, or in a cooperative that owns
property that the |
| 13 | | individual uses as a residence. That
homestead and all
right in |
| 14 | | and title to that homestead is exempt from
attachment, |
| 15 | | judgment, levy,
or judgment sale for the payment of his or her |
| 16 | | debts or other purposes and
from the laws of conveyance, |
| 17 | | descent, and legacy, except as provided in this
Code or in |
| 18 | | Section 20-6 of
the Probate Act of
1975. This
Section is not
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| 19 | | applicable
between joint tenants or tenants in common but it is |
| 20 | | applicable as to any
creditors of those persons.
If 2 or more |
| 21 | | individuals own property that is exempt as a homestead, the
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| 22 | | value of the exemption of each individual may not exceed his or |
| 23 | | her
proportionate share of $30,000 based upon percentage of
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