This bill proposes the repeal of Section 55-1007 of the Idaho Code, which previously addressed the conveyance or encumbrance of homesteads by married couples. In its place, a new Section 55-1007 is introduced, establishing clear provisions that require the consent of both spouses for any conveyance or encumbrance of their homestead. The new section allows either spouse to execute a power of attorney, enabling the other spouse to act on their behalf regarding the homestead. Consent can be demonstrated through either the joint execution of the conveyance instrument or a deed transferring the property to one spouse as their sole and separate property.

The bill also declares an emergency, stating that the new provisions will take effect on July 1, 2025. This change aims to clarify the legal requirements surrounding the management of homestead properties by married couples, ensuring that both parties have a say in significant decisions regarding their shared property.

Statutes affected:
Bill Text: 55-1007
Engrossment 1: 55-1007