HB 4404

Abstract

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. House Floor Amendment No. 2 Provides that a claim brought under this Act is subject to any applicable affirmative defense, including, but not limited to, the statute of frauds. Provides that 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 the 5-year general statute of limitation in the Code of Civil Procedure, during cohabitation or after termination of cohabitation. Provides that a court order or judgment granting relief under the 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. Provides that this Act applies to a cohabitants' agreement made on or after the effective date of the Act and to an equitable claim under the Act that accrues on or after the effective date of the Act.