The bill amends the Revised Judicature Act of 1961 to modernize legal language regarding marital relationships and legal proceedings. It replaces terms such as "husband and wife" with "spouses" and "person" with "individual," reflecting contemporary understandings of marriage and partnerships. Notably, Section 1410 is updated to ensure that individuals who have lived together as spouses, despite a legal impediment to their marriage, are entitled to the same damages in civil actions as if no impediment existed. The bill also modifies provisions related to spousal testimony, allowing for more equitable treatment in legal cases, and clarifies that a spouse cannot be examined against the other without consent, except in specific circumstances.
Additionally, the bill addresses property and judgment execution laws by defining "proceeds" to include compensation for property acquisition for public use and expanding the definition of "homestead" to include various residential types. It updates the language concerning jointly held property by replacing "a husband and wife" with "spouses" and modifies the burden of proof in property claims related to judgment debtors. The bill outlines procedures for judgment creditors to determine the rights of debtors in property levies, requiring actions to be initiated within a year of a sale on execution. The enactment of this bill is contingent upon the approval of a related Senate or House Joint Resolution.
Statutes affected: House Introduced Bill: 600.1410