State of Illinois
2023 and 2024


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


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.

LRB103 36549 JRC 66656 b





SB2777LRB103 36549 JRC 66656 b

1    AN ACT concerning property.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Rights of Married Persons Act is amended by
5changing Sections 1, 2, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17,
6and 22 as follows:
7    (750 ILCS 65/1)  (from Ch. 40, par. 1001)
8    Sec. 1. Rights to sue and be sued. A married person may, in
9all cases, sue and be sued without joining his or her spouse as
10if unmarried. Either spouse A husband or wife may sue the other
11for a tort committed during the marriage. No finding by any
12court under Section 401 of the Illinois Marriage and
13Dissolution of Marriage Act shall be admissible or be used as
14prima facie evidence of a tort in any civil action brought
15under this Act. An attachment or judgment in an action may be
16enforced by or against a married person as if unmarried.
17(Source: P.A. 87-286.)
18    (750 ILCS 65/2)  (from Ch. 40, par. 1002)
19    Sec. 2. Defending in own right or for other. If a married
20couple husband and wife are sued together, either may defend
21for his or her own right and, if either neglects to defend, the
22other may defend for both.



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1(Source: P.A. 87-286.)
2    (750 ILCS 65/5)  (from Ch. 40, par. 1005)
3    Sec. 5. Neither spouse in a marriage husband or wife shall
4be liable for the debts or liabilities of the other incurred
5before marriage, and (except as herein otherwise provided)
6they shall not be liable for the separate debts of each other,
7nor shall the wages, earnings or property of either, nor the
8rent or income of such property, be liable for the separate
9debts of the other.
10(Source: R.S. 1874, p. 576.)
11    (750 ILCS 65/9)  (from Ch. 40, par. 1009)
12    Sec. 9. Property. A married person may own in his or her
13own right real and personal property obtained by descent,
14gift, or purchase and may manage, sell, and convey that
15property to the same extent and in the same manner as an
16unmarried person. When the spouses husband and wife live
17together, however, no transfer or conveyance of goods and
18chattels between the spouses husband and wife shall be valid
19as against the rights and interests of any third person unless
20the transfer or conveyance is in writing and filed in the same
21manner as security interests are required to be filed by the
22laws of this State in cases where the possession of the
23property is to remain with the person giving the security.
24(Source: P.A. 87-286.)



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1    (750 ILCS 65/10)  (from Ch. 40, par. 1010)
2    Sec. 10. Should either spouse the husband or wife
3unlawfully obtain or retain possession or control of property
4belonging to the other, either before or after marriage, the
5owner of the property may maintain an action therefor, or for
6any right growing out of the same, in the same manner and to
7the same extent as if they were unmarried.
8(Source: R.S. 1874, p. 576.)
9    (750 ILCS 65/11)  (from Ch. 40, par. 1011)
10    Sec. 11. In case one spouse the husband or wife abandons
11the other and leaves the state, and is absent therefrom for one
12year, without providing for the maintenance and support of his
13or her family, or is imprisoned in the penitentiary, the
14circuit court in the county where the abandoned spouse or the
15spouse who is the husband or wife so abandoned or, not
16confined, resides, may, on application by petition, setting
17forth fully the facts, if the court is satisfied of the
18necessity by the evidence, authorize him or her to manage,
19control, sell or incumber the property of the other, as shall
20be necessary, in the judgment of the court, for the support and
21maintenance of the family, and for the purpose of paying debts
22of the other, or debts contracted for the support of the
23family. Notice of such proceedings shall be given as in other
24civil actions, and anything done under or by virtue of the



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1order or judgment of the court, shall be valid to the same
2extent as if the same were done by the party owning the
4(Source: P.A. 84-1308.)
5    (750 ILCS 65/12)  (from Ch. 40, par. 1012)
6    Sec. 12. All contracts, sales or incumbrances made by one
7spouse to a marriage either the husband or wife, by virtue of
8the power contemplated in the preceding section, shall be
9binding on both, and during such absence or confinement, the
10person acting under such power may sue and be sued thereon; and
11for all acts done the property of both shall be liable, and
12execution may be levied or attachment issued accordingly. No
13suit or proceeding shall abate, or be in anywise affected, by
14the return or release of the person absent or confined, but he
15or she shall be permitted to prosecute or defend jointly with
16the other.
17(Source: R.S. 1874, p. 576.)
18    (750 ILCS 65/13)  (from Ch. 40, par. 1013)
19    Sec. 13. The spouse husband or wife affected by the
20proceedings contemplated in the 2 preceding sections may have
21the order or judgment of the court set aside or annulled, by
22filing a petition therefor and serving a notice on the person
23in whose favor the same was granted, as in other civil actions.
24But the setting aside of such judgment or order shall in nowise



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1affect any act done thereunder.
2(Source: P.A. 84-1308.)
3    (750 ILCS 65/14)  (from Ch. 40, par. 1014)
4    Sec. 14. Either spouse A husband or wife may constitute
5the other as his or her attorney in fact, to control and
6dispose of his or her property for their mutual benefit or
7otherwise, and may revoke the same to the same extent and in
8the same manner as other persons.
9(Source: R.S. 1874, p. 576.)
10    (750 ILCS 65/15)  (from Ch. 40, par. 1015)
11    Sec. 15. (a)(1) The expenses of the family and of the
12education of the children shall be chargeable upon the
13property of both spouses husband and wife, or of either of
14them, in favor of creditors therefor, and in relation thereto
15they may be sued jointly or separately.
16    (2) No creditor, who has a claim against a spouse or former
17spouse for an expense incurred by that spouse or former spouse
18which is not a family expense, shall maintain an action
19against the other spouse or former spouse for that expense
21        (A) an expense for which the other spouse or former
22    spouse agreed, in writing, to be liable; or
23        (B) an expense for goods or merchandise purchased by
24    or in the possession of the other spouse or former spouse,



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1    or for services ordered by the other spouse or former
2    spouse.
3    (3) Any creditor who maintains an action in violation of
4this subsection (a) for an expense other than a family expense
5against a spouse or former spouse other than the spouse or
6former spouse who incurred the expense, shall be liable to the
7other spouse or former spouse for his or her costs, expenses
8and attorney's fees incurred in defending the action.
9    (4) No creditor shall, with respect to any claim against a
10spouse or former spouse for which the creditor is prohibited
11under this subsection (a) from maintaining an action against
12the other spouse or former spouse, engage in any collection
13efforts against the other spouse or former spouse, including,
14but not limited to, informal or formal collection attempts,
15referral of the claim to a collector or collection agency for
16collection from the other spouse or former spouse, or making
17any representation to a credit reporting agency that the other
18spouse or former spouse is any way liable for payment of the
20    (b) (Blank).
21    (c) (Blank).
22(Source: P.A. 101-13, eff. 6-12-19.)
23    (750 ILCS 65/16)  (from Ch. 40, par. 1016)
24    Sec. 16. Neither spouse the husband nor wife can remove
25the other or their children from their homestead without the



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1consent of the other, unless the owner of the property shall,
2in good faith, provide another homestead suitable to the
3condition in life of the family; and if one spouse abandons the
4other, the abandoned spouse he abandons her, she is entitled
5to the custody of their minor children, unless a court of
6competent jurisdiction, upon application for that purpose,
7shall otherwise direct.
8(Source: R.S. 1874, p. 576.)
9    (750 ILCS 65/17)  (from Ch. 40, par. 1017)
10    Sec. 17. When one spouse the husband or wife is under legal
11disability and therefore incapable of executing a deed or
12mortgage, and relinquishing or conveying his or her right to
13homestead in the real property of the other, such other person
14may present his or her petition to the circuit court in the
15county where the petitioner resides, or where the real estate
16to be affected is situated, setting forth the facts, and
17particularly describing the real estate sought to be conveyed
18or mortgaged, and asking for an order authorizing the
19petitioner, or some other person, to execute a deed or
20mortgage for the person who is under legal disability, and
21thereby relinquish his or her right of homestead in the real
23(Source: P.A. 83-706.)
24    (750 ILCS 65/22)  (from Ch. 40, par. 1022)



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1    Sec. 22. Nothing in this Act abolishes or prevents the
2creation and enjoyment of the estate of tenancy by the
3entirety with respect to any devise, conveyance, assignment,
4or other transfer of property, including a beneficial interest
5in a land trust, maintained or intended for maintenance as a
6homestead by both spouses married to each other together
7during marriage
husband and wife during coverture made or
8executed on or after October 1, 1990.
9     This amendatory Act of 1995 is declarative of existing
11(Source: P.A. 89-88, eff. 6-30-95; 89-438, eff. 12-15-95.)
12    Section 10. The Illinois Religious Freedom Protection and
13Civil Union Act is amended by changing Section 10 as follows:
14    (750 ILCS 75/10)
15    Sec. 10. Definitions. As used in this Act:
16    "Certificate" means a document that certifies that the
17persons named on the certificate have established a civil
18union in this State in compliance with this Act.
19    "Civil union" means a legal relationship between 2
20persons, of either the same or opposite sex, established
21pursuant to this Act.
22    "Department" means the Department of Public Health.
23    "Officiant" means the person authorized to certify a civil
24union in accordance with Section 40.



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1    "Party to a civil union" means a person who has
2established a civil union pursuant to this Act. "Party to a
3civil union" means, and shall be included in, any definition
4or use of the terms "spouse", "family", "immediate family",
5"dependent", "next of kin", "marriage", "married", "married to
6each other", "husband", "wife", "bride", "groom", "wedlock",
7and other terms that refer to or denote the spousal
8relationship, as those terms are used throughout the law,
9regardless of whether the parties to a civil union are of the
10same sex or different sexes.
11(Source: P.A. 96-1513, eff. 6-1-11.)
12    Section 15. The Conveyances Act is amended by changing
13Sections 19 and 27 as follows:
14    (765 ILCS 5/19)  (from Ch. 30, par. 18)
15    Sec. 19. The acknowledgment or proof of any deed,
16mortgage, conveyance, power of attorney, or other writing of
17or relating to the sale, conveyance, or other disposition of
18lands or real estate, or any interest therein, by a married
19person woman, may be made and certified the same as if that
20person was unmarried she were a feme sole, and shall have the
21same effect.
22(Source: P.A. 77-435.)
23    (765 ILCS 5/27)  (from Ch. 30, par. 26)



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1    Sec. 27.
No deed or other instrument shall be construed as
2releasing or waiving the right of homestead, unless the same
3shall contain a clause expressly releasing or waiving such
4right. And no release or waiver of the right of homestead by
5one spouse the husband or wife shall bind the other spouse
6unless such other spouse joins in such release or waiver.
7(Source: P.A. 80-346.)
8    Section 20. The Joint Tenancy Act is amended by changing
9Sections 1 and 1c as follows:
10    (765 ILCS 1005/1)  (from Ch. 76, par. 1)
11    Sec. 1. No estate in joint tenancy in any lands, tenements
12or hereditaments, or in any parts thereof or interest therein,
13shall be held or claimed under any grant, legacy or conveyance
14whatsoever heretofore or hereafter made, other than to
15executors and trustees, unless the premises therein mentioned
16shall expressly be thereby declared to pass not in tenancy in
17common but in joint tenancy; and every such estate other than
18to executors and trustees (unless otherwise expressly declared
19as aforesaid, or unless, as to a devise or conveyance of
20homestead property, expressly declared to pass to individuals
21married to each other a husband and wife as tenants by the
22entirety in the manner provided by Section 1c), shall be
23deemed to be in tenancy in common and all conveyances
24heretofore made, or which hereafter may be made, wherein the



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1premises therein mentioned were or shall be expressly declared
2to pass not in tenancy in common but in joint tenancy, are
3hereby declared to have created an estate in joint tenancy
4with the accompanying right of survivorship the same as it
5existed prior to the passage of "An Act to amend Section 1 of
6an Act entitled: 'An Act to revise the law in relation to joint
7rights and obligations,' approved February 25, 1874, in force
8July 1, 1874," approved June 26, 1917.
9(Source: P.A. 86-966.)
10    (765 ILCS 1005/1c)  (from Ch. 76, par. 1c)
11    Sec. 1c. Whenever a devise, conveyance, assignment, or
12other transfer of property, including a beneficial interest in
13a land trust, maintained or intended for maintenance as a
14homestead shall be made by both spouses during marriage or a
15civil union husband and wife together during coverture shall
16be made and the instrument of devise, conveyance, assignment,
17or transfer expressly declares that the devise or conveyance
18is made to tenants by the entirety, or if the beneficial
19interest in a land trust is to be held as tenants by the
20entirety, the estate created shall be deemed to be in tenancy
21by the entirety. Where the homestead is held in the name or
22names of a trustee or trustees of a revocable inter vivos trust
23or of revocable inter vivos trusts made by the settlors of such
24trust or trusts who are married to each other or in a civil
25union husband and wife, and the spouses husband and wife are



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1the primary beneficiaries of one or both of the trusts so
2created, and the deed or deeds conveying title to the
3homestead to the trustee or trustees of the trust or trusts
4specifically state that the interests of both spouses the
5husband and wife to the homestead property are to be held as
6tenants by the entirety, the estate created shall be deemed to
7be a tenancy by the entirety. Subject to the provisions of
8paragraph (d) of Section 2 and unless otherwise assented to in
9writing by both tenants by the entirety, the estate in tenancy
10by the entirety so created shall exist only if, and as long as,
11the tenants are and remain married to each other, and upon the
12death of either such tenant the survivor shall retain the
13entire estate; provided that, upon a judgment of dissolution
14of marriage or of declaration of invalidity of marriage, the
15estate shall, by operation of law, become a tenancy in common
16until and unless the court directs otherwise; provided further
17that the estate shall, by operation of law, become a joint
18tenancy upon the creation and maintenance by both spouses
19together of other property as a homestead. A devise,
20conveyance, assignment, or other transfer to 2 grantees who
21are not in fact married to each other or in a civil union
22husband and wife that purports to create an estate by the
23entirety shall be construed as having created an estate in
24joint tenancy. An estate in tenancy by the entirety may be
25created notwithstanding the fact that a grantor is or the
26grantors are also named as a grantee or the grantees in a deed.



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1No deed, contract for deed, mortgage, or lease of homestead
2property held in tenancy by the entirety shall be effective
3unless signed by both tenants. This Section shall not apply to
4nor operate to change the effect of any devise or conveyance.
5    This amendatory Act of the 103rd General Assembly and the
6This amendatory Act of 1995 are is declarative of existing
8(Source: P.A. 96-1145, eff. 1-1-11.)