103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4404

 

Introduced 1/16/2024, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
New Act

    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.


LRB103 35869 LNS 65954 b

 

 

A BILL FOR

 

HB4404LRB103 35869 LNS 65954 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Uniform Cohabitants' Economic Remedies Act.
 
6    Section 2. Definitions. In this Act:
7    (1) "Cohabitant" means each of two individuals not married
8to each other who live together as a couple after each has
9reached the age of majority or been emancipated. The term does
10not include individuals who are too closely related to marry
11each other legally.
12    (2) "Cohabitants' agreement" means an agreement between
13two individuals concerning contributions to the relationship
14if the individuals are to become, are, or were cohabitants.
15The term includes a waiver of rights under this Act.
16    (3) "Contributions to the relationship" means
17contributions of a cohabitant that benefit the other
18cohabitant, both cohabitants, or the cohabitants'
19relationship, in the form of efforts, activities, services, or
20property. The term:
21        (A) includes:
22            (i) cooking, cleaning, shopping, household
23        maintenance, conducting errands, and other domestic

 

 

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1        services for the benefit of the other cohabitant or
2        the cohabitants' relationship; and
3            (ii) otherwise caring for the other cohabitant, a
4        child in common, or another family member of the other
5        cohabitant; and
6        (B) does not include sexual relations.
7    (4) "Property" means anything that may be the subject of
8ownership, whether real or personal, tangible or intangible,
9legal or equitable, or any interest therein. The term includes
10responsibility for a debt.
11    (5) "Record" means information:
12        (A) inscribed on a tangible medium; or
13        (B) stored in an electronic or other medium and
14    retrievable in perceivable form.
15    (6) "State" means a state of the United States, the
16District of Columbia, Puerto Rico, the United States Virgin
17Islands, or any other territory or possession subject to the
18jurisdiction of the United States.
19    (7) "Termination of cohabitation" means the earliest of:
20        (A) the death of a cohabitant;
21        (B) the date the cohabitants stop living together as a
22    couple; or
23        (C) the date of the cohabitants' marriage to each
24    other.
 
25    Section 3. Scope. This Act applies only to a contractual

 

 

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1or equitable claim between cohabitants concerning an interest,
2promise, or obligation arising from contributions to the
3relationship. The rights and remedies of cohabitants under
4this Act are not exclusive.
 
5    Section 4. Right of cohabitant to bring action.
6    (a) An individual who is or was a cohabitant may commence
7an action on a contractual or equitable claim that arises out
8of contributions to the relationship. The action is not:
9        (1) barred because of a sexual relationship between
10    the cohabitants;
11        (2) subject to additional substantive or procedural
12    requirements because the parties to the action are or were
13    cohabitants or because of a sexual relationship between
14    the cohabitants; or
15        (3) extinguished by the marriage of the cohabitants to
16    each other.
17    (b) The action may be commenced on behalf of a deceased
18cohabitant's estate.
19    (c) The action may be commenced against a deceased
20cohabitant's estate and adjudicated under law of this state
21applicable to a claim against a decedent's estate.
 
22    Section 5. Governing law.
23    (a) Except as otherwise provided in this Act, a claim
24under this Act is governed by other law of this state,

 

 

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1including this state's choice-of-law rules.
2    (b) The validity, enforceability, interpretation, and
3construction of a cohabitants' agreement are determined by:
4        (1) the law of the state designated in the agreement
5    if the designation is valid under other law of this state;
6    or
7        (2) in the absence of a designation effective under
8    paragraph (1), the law of this state, including this
9    state's choice-of-law rules.
 
10    Section 6
. Cohabitants' agreement.
11    (a) A cohabitants' agreement may be oral, in a record,
12express, or implied-in-fact.
13    (b) Contributions to the relationship are sufficient
14consideration for a cohabitants' agreement.
15    (c) A claim for breach of a cohabitants' agreement accrues
16on breach and may be commenced, subject to Section 13-205 or
1713-206 of the Code of Civil Procedure, during cohabitation or
18after termination of cohabitation.
19    (d) A term in a cohabitants' agreement that affects
20adversely a child's right to support is unenforceable.
21    (e) A term in a cohabitants' agreement that requires or
22limits the ability of a cohabitant to pursue a civil,
23criminal, or administrative remedy is voidable to the extent
24the remedy is available because the cohabitant is a victim of a
25crime of violence, as defined in subsection (c) of Section 2 of

 

 

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1the Crime Victims Compensation Act.
 
2    Section 7. Equitable relief.
3    (a) Unless maintaining the action is inconsistent with a
4valid cohabitants' agreement, a cohabitant may commence an
5equitable action against the other cohabitant concerning
6entitlement to property based on contributions to the
7relationship. The action is in addition to any remedy
8otherwise available to the cohabitant under this Act or other
9law.
10    (b) An equitable claim based on contributions to the
11relationship accrues on termination of cohabitation and is
12subject to equitable defenses.
13    (c) In addition to other law governing an equitable claim,
14the court adjudicating a claim under this section shall
15consider:
16        (1) the nature and value of contributions to the
17    relationship by each cohabitant, including the value to
18    each cohabitant and the market value of the contributions;
19        (2) the duration and continuity of the cohabitation;
20        (3) the extent to which a cohabitant reasonably relied
21    on representations or conduct of the other cohabitant;
22        (4) the extent to which a cohabitant demonstrated an
23    intent to share, or not to share, property with the other
24    cohabitant; and
25        (5) other relevant factors.
 

 

 

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1    Section 8. Effect of court order or judgment on third
2party.
3    (a) Except as provided in subsection (c), a court order or
4judgment granting relief under this Act against a cohabitant
5or a cohabitant's estate is an order or judgment in favor of a
6general creditor.
7    (b) A court order or judgment granting relief under this
8Act may not impair the rights of a good-faith purchaser from,
9or secured creditor of, a cohabitant.
10    (c) A court order or judgment granting relief under this
11Act may not impair the right or interest of a cohabitant's
12spouse or surviving spouse to the cohabitant's property
13unless:
14        (1) the spouse had notice of the proceedings on the
15    claim and an opportunity to be heard;
16        (2) before entering the order or judgment, the court
17    determines based on the totality of the circumstances that
18    justice requires that all or part of the cohabitant's
19    claim should be satisfied; and
20        (3) the order or judgment preserves as much of the
21    spouse's right or interest as appropriate or legally
22    required.
 
23    Section 9. Principles of law and equity. The principles of
24law and equity supplement this Act except to the extent

 

 

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1inconsistent with this Act.
 
2    Section 10. Uniformity of application and construction. In
3applying and construing this uniform Act, a court shall
4consider the promotion of uniformity of the law among
5jurisdictions that enact it.
 
6    Section 11. Relation to Electronic Signatures in Global
7and National Commerce Act. This Act modifies, limits, or
8supersedes the Electronic Signatures in Global and National
9Commerce Act, 15 U.S.C. Section 7001 et seq., but does not
10modify, limit, or supersede 15 U.S.C. Section 7001(c), or
11authorize electronic delivery of any of the notices described
12in 15 U.S.C. Section 7003(b).
 
13    Section 12. Transitional provisions.
14    (a) This Act applies to a cohabitants' agreement made
15before, on, or after the effective date of this Act.
16    (b) This Act applies to an equitable claim under this Act
17that accrues before, on, or after the effective date of this
18Act.
 
19    Section 13. Severability. The provisions of this Act are
20severable under Section 1.31 of the Statute on Statutes.