This bill amends the Revised Judicature Act of 1961 to modernize the legal definitions and rights associated with marriage and spousal relationships. Key changes include replacing terms like "person" with "individual" and "husband and wife" with "spouses" to promote inclusivity. It establishes that if two individuals have lived together as spouses but faced a legal impediment to marriage, they and their offspring are entitled to the same damages in civil actions as if no impediment existed. The bill also revises spousal testimony rules, allowing a spouse to testify with consent and outlining exceptions to spousal privileges in specific legal situations.

In addition, the bill addresses property and judgment execution laws by defining "proceeds" to encompass various forms of compensation related to property. It expands the definition of "homestead" to include diverse residential properties and clarifies that property held jointly by spouses is exempt from execution under a judgment against only one spouse. The burden of proof in property-related legal proceedings is modified, requiring the complainant to present evidence of the judgment and the conveyance, while shifting the onus to the judgment debtor to validate the transaction. The bill also sets a timeline for initiating proceedings after a sale on execution and clarifies the judgment debtor's responsibilities regarding property transfers made within a year prior to the judgment. The enactment of this bill is contingent upon the approval of a related constitutional amendment.

Statutes affected:
House Introduced Bill: 600.1410