Illinois General Assembly - Full Text of HB4404
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Full Text of HB4404  103rd General Assembly



HB4404 EngrossedLRB103 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. A claim brought under this Act is
5subject to any applicable affirmative defense, including, but
6not limited to, the statute of frauds.
7    Section 4. Right of cohabitant to bring action.
8    (a) An individual who is or was a cohabitant may commence
9an action on a contractual or equitable claim that arises out
10of contributions to the relationship. The action is not:
11        (1) barred because of a sexual relationship between
12    the cohabitants;
13        (2) subject to additional substantive or procedural
14    requirements because the parties to the action are or were
15    cohabitants or because of a sexual relationship between
16    the cohabitants; or
17        (3) extinguished by the marriage of the cohabitants to
18    each other.
19    (b) The action may be commenced on behalf of a deceased
20cohabitant's estate.
21    (c) The action may be commenced against a deceased
22cohabitant's estate and adjudicated under law of this state
23applicable to a claim against a decedent's estate.
24    Section 5. Governing law.



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1    (a) Except as otherwise provided in this Act, a claim
2under this Act is governed by other law of this state,
3including this state's choice-of-law rules.
4    (b) The validity, enforceability, interpretation, and
5construction of a cohabitants' agreement are determined by:
6        (1) the law of the state designated in the agreement
7    if the designation is valid under other law of this state;
8    or
9        (2) in the absence of a designation effective under
10    paragraph (1), the law of this state, including this
11    state's choice-of-law rules.
12    Section 6. Cohabitants' agreement.
13    (a) A cohabitants' agreement may be oral, in a record,
14express, or implied-in-fact.
15    (b) Contributions to the relationship are sufficient
16consideration for a cohabitants' agreement.
17    (c) A claim for breach of a cohabitants' agreement accrues
18on breach and may be commenced, subject to Section 13-205 or
1913-206 of the Code of Civil Procedure, during cohabitation or
20after termination of cohabitation.
21    (d) A term in a cohabitants' agreement that affects
22adversely a child's right to support is unenforceable.
23    (e) A term in a cohabitants' agreement that requires or
24limits the ability of a cohabitant to pursue a civil,
25criminal, or administrative remedy is voidable to the extent



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1the remedy is available because the cohabitant is a victim of a
2crime of violence, as defined in subsection (c) of Section 2 of
3the Crime Victims Compensation Act.
4    Section 7. Equitable relief.
5    (a) Unless maintaining the action is inconsistent with a
6valid cohabitants' agreement, a cohabitant may commence an
7equitable action against the other cohabitant or the estate of
8the other cohabitant concerning entitlement to property or
9reimbursement based on contributions to the relationship. The
10action is in addition to any remedy otherwise available to the
11cohabitant under this Act or other law.
12    (b) An equitable claim based on contributions to the
13relationship accrues on termination of cohabitation and is
14subject to equitable defenses and may be commenced, subject to
15Section 13-205 of the Code of Civil Procedure, during
16cohabitation or after termination of cohabitation.
17    (c) In addition to other law governing an equitable claim,
18the court adjudicating a claim under this section shall
20        (1) the nature and value of contributions to the
21    relationship by each cohabitant, including the value to
22    each cohabitant and the market value of the contributions;
23        (2) the duration and continuity of the cohabitation;
24        (3) the extent to which a cohabitant reasonably relied
25    on representations or conduct of the other cohabitant;



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1        (4) the extent to which a cohabitant demonstrated an
2    intent to share, or not to share, property with the other
3    cohabitant; and
4        (5) other relevant factors.
5    Section 8. Effect of court order or judgment on third
7    (a) Except as provided in subsection (c), a court order or
8judgment granting relief under this Act against a cohabitant
9or a cohabitant's estate is an order or judgment in favor of a
10unsecured creditor.
11    (b) A court order or judgment granting relief under this
12Act may not impair the rights of a good-faith purchaser from,
13or secured creditor of, a cohabitant.
14    (c) A court order or judgment granting relief under this
15Act may not impair the right or interest of a cohabitant's
16spouse or surviving spouse to the cohabitant's property and is
17subordinate to any domestic support obligation arising from a
18marriage of a cohabitant to another person.
19    Section 9. Principles of law and equity. The principles of
20law and equity supplement this Act except to the extent
21inconsistent with this Act.
22    Section 10. Uniformity of application and construction. In
23applying and construing this uniform Act, a court shall



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1consider the promotion of uniformity of the law among
2jurisdictions that enact it.
3    Section 11. Relation to Electronic Signatures in Global
4and National Commerce Act. This Act modifies, limits, or
5supersedes the Electronic Signatures in Global and National
6Commerce Act, 15 U.S.C. Section 7001 et seq., but does not
7modify, limit, or supersede 15 U.S.C. Section 7001(c), or
8authorize electronic delivery of any of the notices described
9in 15 U.S.C. Section 7003(b).
10    Section 12. Transitional provisions.
11    (a) This Act applies to a cohabitants' agreement made on
12or after the effective date of this Act.
13    (b) This Act applies to an equitable claim that is made
14under this Act that accrues on or after the effective date of
15this Act.

16    Section 13. Severability. The provisions of this Act are
17severable under Section 1.31 of the Statute on Statutes.