IL
Illinois House Bill HB4404

Illinois 2023-2024 Regular Session

Illinois House Bill HB4404 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4404 Introduced , 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 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4404 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: New Act 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 LRB103 35869 LNS 65954 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4404 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
3+New Act New Act
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5+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.
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311 1 AN ACT concerning civil law.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 1. Short title. This Act may be cited as the
715 5 Uniform Cohabitants' Economic Remedies Act.
816 6 Section 2. Definitions. In this Act:
917 7 (1) "Cohabitant" means each of two individuals not married
1018 8 to each other who live together as a couple after each has
1119 9 reached the age of majority or been emancipated. The term does
1220 10 not include individuals who are too closely related to marry
1321 11 each other legally.
1422 12 (2) "Cohabitants' agreement" means an agreement between
1523 13 two individuals concerning contributions to the relationship
1624 14 if the individuals are to become, are, or were cohabitants.
1725 15 The term includes a waiver of rights under this Act.
1826 16 (3) "Contributions to the relationship" means
1927 17 contributions of a cohabitant that benefit the other
2028 18 cohabitant, both cohabitants, or the cohabitants'
2129 19 relationship, in the form of efforts, activities, services, or
2230 20 property. The term:
2331 21 (A) includes:
2432 22 (i) cooking, cleaning, shopping, household
2533 23 maintenance, conducting errands, and other domestic
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37+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4404 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
38+New Act New Act
39+New Act
40+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.
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3468 1 services for the benefit of the other cohabitant or
3569 2 the cohabitants' relationship; and
3670 3 (ii) otherwise caring for the other cohabitant, a
3771 4 child in common, or another family member of the other
3872 5 cohabitant; and
3973 6 (B) does not include sexual relations.
4074 7 (4) "Property" means anything that may be the subject of
4175 8 ownership, whether real or personal, tangible or intangible,
4276 9 legal or equitable, or any interest therein. The term includes
4377 10 responsibility for a debt.
4478 11 (5) "Record" means information:
4579 12 (A) inscribed on a tangible medium; or
4680 13 (B) stored in an electronic or other medium and
4781 14 retrievable in perceivable form.
4882 15 (6) "State" means a state of the United States, the
4983 16 District of Columbia, Puerto Rico, the United States Virgin
5084 17 Islands, or any other territory or possession subject to the
5185 18 jurisdiction of the United States.
5286 19 (7) "Termination of cohabitation" means the earliest of:
5387 20 (A) the death of a cohabitant;
5488 21 (B) the date the cohabitants stop living together as a
5589 22 couple; or
5690 23 (C) the date of the cohabitants' marriage to each
5791 24 other.
5892 25 Section 3. Scope. This Act applies only to a contractual
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69103 1 or equitable claim between cohabitants concerning an interest,
70104 2 promise, or obligation arising from contributions to the
71105 3 relationship. The rights and remedies of cohabitants under
72-4 this Act are not exclusive. A claim brought under this Act is
73-5 subject to any applicable affirmative defense, including, but
74-6 not limited to, the statute of frauds.
75-7 Section 4. Right of cohabitant to bring action.
76-8 (a) An individual who is or was a cohabitant may commence
77-9 an action on a contractual or equitable claim that arises out
78-10 of contributions to the relationship. The action is not:
79-11 (1) barred because of a sexual relationship between
80-12 the cohabitants;
81-13 (2) subject to additional substantive or procedural
82-14 requirements because the parties to the action are or were
83-15 cohabitants or because of a sexual relationship between
84-16 the cohabitants; or
85-17 (3) extinguished by the marriage of the cohabitants to
86-18 each other.
87-19 (b) The action may be commenced on behalf of a deceased
88-20 cohabitant's estate.
89-21 (c) The action may be commenced against a deceased
90-22 cohabitant's estate and adjudicated under law of this state
91-23 applicable to a claim against a decedent's estate.
92-24 Section 5. Governing law.
106+4 this Act are not exclusive.
107+5 Section 4. Right of cohabitant to bring action.
108+6 (a) An individual who is or was a cohabitant may commence
109+7 an action on a contractual or equitable claim that arises out
110+8 of contributions to the relationship. The action is not:
111+9 (1) barred because of a sexual relationship between
112+10 the cohabitants;
113+11 (2) subject to additional substantive or procedural
114+12 requirements because the parties to the action are or were
115+13 cohabitants or because of a sexual relationship between
116+14 the cohabitants; or
117+15 (3) extinguished by the marriage of the cohabitants to
118+16 each other.
119+17 (b) The action may be commenced on behalf of a deceased
120+18 cohabitant's estate.
121+19 (c) The action may be commenced against a deceased
122+20 cohabitant's estate and adjudicated under law of this state
123+21 applicable to a claim against a decedent's estate.
124+22 Section 5. Governing law.
125+23 (a) Except as otherwise provided in this Act, a claim
126+24 under this Act is governed by other law of this state,
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103-1 (a) Except as otherwise provided in this Act, a claim
104-2 under this Act is governed by other law of this state,
105-3 including this state's choice-of-law rules.
106-4 (b) The validity, enforceability, interpretation, and
107-5 construction of a cohabitants' agreement are determined by:
108-6 (1) the law of the state designated in the agreement
109-7 if the designation is valid under other law of this state;
110-8 or
111-9 (2) in the absence of a designation effective under
112-10 paragraph (1), the law of this state, including this
113-11 state's choice-of-law rules.
114-12 Section 6. Cohabitants' agreement.
115-13 (a) A cohabitants' agreement may be oral, in a record,
116-14 express, or implied-in-fact.
117-15 (b) Contributions to the relationship are sufficient
118-16 consideration for a cohabitants' agreement.
119-17 (c) A claim for breach of a cohabitants' agreement accrues
120-18 on breach and may be commenced, subject to Section 13-205 or
121-19 13-206 of the Code of Civil Procedure, during cohabitation or
122-20 after termination of cohabitation.
123-21 (d) A term in a cohabitants' agreement that affects
124-22 adversely a child's right to support is unenforceable.
125-23 (e) A term in a cohabitants' agreement that requires or
126-24 limits the ability of a cohabitant to pursue a civil,
127-25 criminal, or administrative remedy is voidable to the extent
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137+1 including this state's choice-of-law rules.
138+2 (b) The validity, enforceability, interpretation, and
139+3 construction of a cohabitants' agreement are determined by:
140+4 (1) the law of the state designated in the agreement
141+5 if the designation is valid under other law of this state;
142+6 or
143+7 (2) in the absence of a designation effective under
144+8 paragraph (1), the law of this state, including this
145+9 state's choice-of-law rules.
146+10 Section 6
147+ . Cohabitants' agreement.
148+11 (a) A cohabitants' agreement may be oral, in a record,
149+12 express, or implied-in-fact.
150+13 (b) Contributions to the relationship are sufficient
151+14 consideration for a cohabitants' agreement.
152+15 (c) A claim for breach of a cohabitants' agreement accrues
153+16 on breach and may be commenced, subject to Section 13-205 or
154+17 13-206 of the Code of Civil Procedure, during cohabitation or
155+18 after termination of cohabitation.
156+19 (d) A term in a cohabitants' agreement that affects
157+20 adversely a child's right to support is unenforceable.
158+21 (e) A term in a cohabitants' agreement that requires or
159+22 limits the ability of a cohabitant to pursue a civil,
160+23 criminal, or administrative remedy is voidable to the extent
161+24 the remedy is available because the cohabitant is a victim of a
162+25 crime of violence, as defined in subsection (c) of Section 2 of
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138-1 the remedy is available because the cohabitant is a victim of a
139-2 crime of violence, as defined in subsection (c) of Section 2 of
140-3 the Crime Victims Compensation Act.
141-4 Section 7. Equitable relief.
142-5 (a) Unless maintaining the action is inconsistent with a
143-6 valid cohabitants' agreement, a cohabitant may commence an
144-7 equitable action against the other cohabitant or the estate of
145-8 the other cohabitant concerning entitlement to property or
146-9 reimbursement based on contributions to the relationship. The
147-10 action is in addition to any remedy otherwise available to the
148-11 cohabitant under this Act or other law.
149-12 (b) An equitable claim based on contributions to the
150-13 relationship accrues on termination of cohabitation and is
151-14 subject to equitable defenses and may be commenced, subject to
152-15 Section 13-205 of the Code of Civil Procedure, during
153-16 cohabitation or after termination of cohabitation.
154-17 (c) In addition to other law governing an equitable claim,
155-18 the court adjudicating a claim under this section shall
156-19 consider:
157-20 (1) the nature and value of contributions to the
158-21 relationship by each cohabitant, including the value to
159-22 each cohabitant and the market value of the contributions;
160-23 (2) the duration and continuity of the cohabitation;
161-24 (3) the extent to which a cohabitant reasonably relied
162-25 on representations or conduct of the other cohabitant;
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173+1 the Crime Victims Compensation Act.
174+2 Section 7. Equitable relief.
175+3 (a) Unless maintaining the action is inconsistent with a
176+4 valid cohabitants' agreement, a cohabitant may commence an
177+5 equitable action against the other cohabitant concerning
178+6 entitlement to property based on contributions to the
179+7 relationship. The action is in addition to any remedy
180+8 otherwise available to the cohabitant under this Act or other
181+9 law.
182+10 (b) An equitable claim based on contributions to the
183+11 relationship accrues on termination of cohabitation and is
184+12 subject to equitable defenses.
185+13 (c) In addition to other law governing an equitable claim,
186+14 the court adjudicating a claim under this section shall
187+15 consider:
188+16 (1) the nature and value of contributions to the
189+17 relationship by each cohabitant, including the value to
190+18 each cohabitant and the market value of the contributions;
191+19 (2) the duration and continuity of the cohabitation;
192+20 (3) the extent to which a cohabitant reasonably relied
193+21 on representations or conduct of the other cohabitant;
194+22 (4) the extent to which a cohabitant demonstrated an
195+23 intent to share, or not to share, property with the other
196+24 cohabitant; and
197+25 (5) other relevant factors.
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173-1 (4) the extent to which a cohabitant demonstrated an
174-2 intent to share, or not to share, property with the other
175-3 cohabitant; and
176-4 (5) other relevant factors.
177-5 Section 8. Effect of court order or judgment on third
178-6 party.
179-7 (a) Except as provided in subsection (c), a court order or
180-8 judgment granting relief under this Act against a cohabitant
181-9 or a cohabitant's estate is an order or judgment in favor of a
182-10 unsecured creditor.
183-11 (b) A court order or judgment granting relief under this
184-12 Act may not impair the rights of a good-faith purchaser from,
185-13 or secured creditor of, a cohabitant.
186-14 (c) A court order or judgment granting relief under this
187-15 Act may not impair the right or interest of a cohabitant's
188-16 spouse or surviving spouse to the cohabitant's property and is
189-17 subordinate to any domestic support obligation arising from a
190-18 marriage of a cohabitant to another person.
191-19 Section 9. Principles of law and equity. The principles of
192-20 law and equity supplement this Act except to the extent
193-21 inconsistent with this Act.
194-22 Section 10. Uniformity of application and construction. In
195-23 applying and construing this uniform Act, a court shall
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208+1 Section 8. Effect of court order or judgment on third
209+2 party.
210+3 (a) Except as provided in subsection (c), a court order or
211+4 judgment granting relief under this Act against a cohabitant
212+5 or a cohabitant's estate is an order or judgment in favor of a
213+6 general creditor.
214+7 (b) A court order or judgment granting relief under this
215+8 Act may not impair the rights of a good-faith purchaser from,
216+9 or secured creditor of, a cohabitant.
217+10 (c) A court order or judgment granting relief under this
218+11 Act may not impair the right or interest of a cohabitant's
219+12 spouse or surviving spouse to the cohabitant's property
220+13 unless:
221+14 (1) the spouse had notice of the proceedings on the
222+15 claim and an opportunity to be heard;
223+16 (2) before entering the order or judgment, the court
224+17 determines based on the totality of the circumstances that
225+18 justice requires that all or part of the cohabitant's
226+19 claim should be satisfied; and
227+20 (3) the order or judgment preserves as much of the
228+21 spouse's right or interest as appropriate or legally
229+22 required.
230+23 Section 9. Principles of law and equity. The principles of
231+24 law and equity supplement this Act except to the extent
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206-1 consider the promotion of uniformity of the law among
207-2 jurisdictions that enact it.
208-3 Section 11. Relation to Electronic Signatures in Global
209-4 and National Commerce Act. This Act modifies, limits, or
210-5 supersedes the Electronic Signatures in Global and National
211-6 Commerce Act, 15 U.S.C. Section 7001 et seq., but does not
212-7 modify, limit, or supersede 15 U.S.C. Section 7001(c), or
213-8 authorize electronic delivery of any of the notices described
214-9 in 15 U.S.C. Section 7003(b).
215-10 Section 12. Transitional provisions.
216-11 (a) This Act applies to a cohabitants' agreement made on
217-12 or after the effective date of this Act.
218-13 (b) This Act applies to an equitable claim that is made
219-14 under this Act that accrues on or after the effective date of
220-15 this Act.
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242+1 inconsistent with this Act.
243+2 Section 10. Uniformity of application and construction. In
244+3 applying and construing this uniform Act, a court shall
245+4 consider the promotion of uniformity of the law among
246+5 jurisdictions that enact it.
247+6 Section 11. Relation to Electronic Signatures in Global
248+7 and National Commerce Act. This Act modifies, limits, or
249+8 supersedes the Electronic Signatures in Global and National
250+9 Commerce Act, 15 U.S.C. Section 7001 et seq., but does not
251+10 modify, limit, or supersede 15 U.S.C. Section 7001(c), or
252+11 authorize electronic delivery of any of the notices described
253+12 in 15 U.S.C. Section 7003(b).
254+13 Section 12. Transitional provisions.
255+14 (a) This Act applies to a cohabitants' agreement made
256+15 before, on, or after the effective date of this Act.
257+16 (b) This Act applies to an equitable claim under this Act
258+17 that accrues before, on, or after the effective date of this
259+18 Act.
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