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


Rep. Daniel Didech

Filed: 4/16/2024





10300HB4404ham002LRB103 35869 JRC 72438 a


2    AMENDMENT NO. ______. Amend House Bill 4404 as follows:
3on page 3, line 4, immediately after the period, by inserting
4"A claim brought under this Act is subject to any applicable
5affirmative defense, including, but not limited to, the
6statute of frauds."; and
7on page 5, line 5, immediately after "cohabitant", by
8inserting "or the estate of the other cohabitant"; and
9on page 5, line 6, immediately after "property", by inserting
10"or reimbursement"; and
11on page 5, line 12, immediately after "defenses", by inserting
12"and may be commenced, subject to Section 13-205 of the Code of
13Civil Procedure, during cohabitation or after termination of
14cohabitation"; and



10300HB4404ham002- 2 -LRB103 35869 JRC 72438 a

1on page 6, line 6, by replacing "general" with "unsecured";
3on page 6, by replacing lines 10 through 22 with the following:
4    "(c) A court order or judgment granting relief under this
5Act may not impair the right or interest of a cohabitant's
6spouse or surviving spouse to the cohabitant's property and is
7subordinate to any domestic support obligation arising from a
8marriage of a cohabitant to another person."; and
9on page 7, by replacing lines 14 through 18 with the following:
10    "(a) This Act applies to a cohabitants' agreement made on
11or after the effective date of this Act.
12    (b) This Act applies to an equitable claim that is made
13under this Act that accrues on or after the effective date of
14this Act.".