HB4404ham002 103RD GENERAL ASSEMBLY

Rep. Daniel Didech

Filed: 4/16/2024

10300HB4404ham002 LRB103 35869 JRC 72438 a

AMENDMENT TO HOUSE BILL 4404

AMENDMENT NO. ______. Amend House Bill 4404 as follows:

on page 3, line 4, immediately after the period, by inserting "A claim brought under this Act is subject to any applicable affirmative defense, including, but not limited to, the statute of frauds."; and

on page 5, line 5, immediately after "cohabitant", by inserting "or the estate of the other cohabitant"; and

on page 5, line 6, immediately after "property", by inserting "or reimbursement"; and

on page 5, line 12, immediately after "defenses", by inserting "and may be commenced, subject to Section 13-205 of the Code of Civil Procedure, during cohabitation or after termination of cohabitation"; and

on page 6, line 6, by replacing "general" with "unsecured"; and

on page 6, by replacing lines 10 through 22 with the following:

"(c) A court order or judgment granting relief under this 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."; and

on page 7, by replacing lines 14 through 18 with the following:

"(a) This Act applies to a cohabitants' agreement made on or after the effective date of this Act.

(b) This Act applies to an equitable claim that is made under this Act that accrues on or after the effective date of this Act.".