Bill Text: IL HB4404 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-04-24 - Referred to Assignments [HB4404 Detail]

Download: Illinois-2023-HB4404-Engrossed.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Uniform Cohabitants' Economic Remedies Act.
Section 2. Definitions. In this Act:
(1) "Cohabitant" means each of two individuals not married
to each other who live together as a couple after each has
reached the age of majority or been emancipated. The term does
not include individuals who are too closely related to marry
each other legally.
(2) "Cohabitants' agreement" means an agreement between
two individuals concerning contributions to the relationship
if the individuals are to become, are, or were cohabitants.
The term includes a waiver of rights under this Act.
(3) "Contributions to the relationship" means
contributions of a cohabitant that benefit the other
cohabitant, both cohabitants, or the cohabitants'
relationship, in the form of efforts, activities, services, or
property. The term:
(A) includes:
(i) cooking, cleaning, shopping, household
maintenance, conducting errands, and other domestic

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services for the benefit of the other cohabitant or
the cohabitants' relationship; and
(ii) otherwise caring for the other cohabitant, a
child in common, or another family member of the other
cohabitant; and
(B) does not include sexual relations.
(4) "Property" means anything that may be the subject of
ownership, whether real or personal, tangible or intangible,
legal or equitable, or any interest therein. The term includes
responsibility for a debt.
(5) "Record" means information:
(A) inscribed on a tangible medium; or
(B) stored in an electronic or other medium and
retrievable in perceivable form.
(6) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any other territory or possession subject to the
jurisdiction of the United States.
(7) "Termination of cohabitation" means the earliest of:
(A) the death of a cohabitant;
(B) the date the cohabitants stop living together as a
couple; or
(C) the date of the cohabitants' marriage to each
other.
Section 3. Scope. This Act applies only to a contractual

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or equitable claim between cohabitants concerning an interest,
promise, or obligation arising from contributions to the
relationship. The rights and remedies of cohabitants under
this Act are not exclusive. A claim brought under this Act is
subject to any applicable affirmative defense, including, but
not limited to, the statute of frauds.
Section 4. Right of cohabitant to bring action.
(a) An individual who is or was a cohabitant may commence
an action on a contractual or equitable claim that arises out
of contributions to the relationship. The action is not:
(1) barred because of a sexual relationship between
the cohabitants;
(2) subject to additional substantive or procedural
requirements because the parties to the action are or were
cohabitants or because of a sexual relationship between
the cohabitants; or
(3) extinguished by the marriage of the cohabitants to
each other.
(b) The action may be commenced on behalf of a deceased
cohabitant's estate.
(c) The action may be commenced against a deceased
cohabitant's estate and adjudicated under law of this state
applicable to a claim against a decedent's estate.
Section 5. Governing law.

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

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

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(4) the extent to which a cohabitant demonstrated an
intent to share, or not to share, property with the other
cohabitant; and
(5) other relevant factors.
Section 8. Effect of court order or judgment on third
party.
(a) Except as provided in subsection (c), a court order or
judgment granting relief under this Act against a cohabitant
or a cohabitant's estate is an order or judgment in favor of a
unsecured creditor.
(b) A court order or judgment granting relief under this
Act may not impair the rights of a good-faith purchaser from,
or secured creditor of, a cohabitant.
(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.
Section 9. Principles of law and equity. The principles of
law and equity supplement this Act except to the extent
inconsistent with this Act.
Section 10. Uniformity of application and construction. In
applying and construing this uniform Act, a court shall

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consider the promotion of uniformity of the law among
jurisdictions that enact it.
Section 11. Relation to Electronic Signatures in Global
and National Commerce Act. This Act modifies, limits, or
supersedes the Electronic Signatures in Global and National
Commerce Act, 15 U.S.C. Section 7001 et seq., but does not
modify, limit, or supersede 15 U.S.C. Section 7001(c), or
authorize electronic delivery of any of the notices described
in 15 U.S.C. Section 7003(b).
Section 12. Transitional provisions.
(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.