This bill amends Idaho's homestead laws by repealing the existing Section 55-1007 and replacing it with a new provision that outlines the requirements for the conveyance or encumbrance of a homestead by a married couple. The new Section 55-1007 stipulates that a homestead cannot be conveyed or encumbered by one spouse without the consent of the other. It allows either spouse to grant a power of attorney to the other for the purpose of conveying or encumbering the homestead, and specifies that consent can be demonstrated either through joint execution of the relevant instrument or by 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 property in the context of marriage, ensuring that both spouses have a say in significant decisions regarding their shared property.

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