This bill amends Idaho law regarding the conveyance or encumbrance of homesteads by married couples. It repeals the existing Section 55-1007 of the Idaho Code and introduces a new provision under the same section number. The new law stipulates that a homestead cannot be conveyed or encumbered by one spouse without the consent of the other, which must be documented through the execution and acknowledgment of the relevant instrument by both spouses. Additionally, it allows either spouse to grant a power of attorney to the other for the purpose of conveying or encumbering the homestead. However, if one spouse has sole ownership of the homestead as separate property, the consent of the non-owner spouse is not required.

The bill also declares an emergency, stating that the new provisions will take effect on July 1, 2025. This change aims to clarify the rights and responsibilities of married couples regarding their homestead property, ensuring that both spouses have a say in significant decisions related to their shared home.

Statutes affected:
Bill Text: 55-1007