This bill amends the Revised Judicature Act of 1961 to modernize legal language and enhance inclusivity regarding marital relationships and legal proceedings. Key changes include replacing terms like "husband and wife" with "spouses" and "person" with "individuals." For example, Section 1410 now allows individuals who have lived together as spouses, despite a legal impediment to their marriage, to claim the same damages in civil actions as if no impediment existed. Additionally, Section 2005 clarifies that a tort suit cannot be brought against an individual and their spouse jointly unless both are liable. The bill also revises spousal testimony privileges, allowing one spouse to testify against the other with consent, and addresses judgment liens, stating they do not attach to property owned as tenants by the entirety unless the judgment is against both spouses.

Furthermore, the bill proposes amendments related to property and judgment execution, expanding the definition of "proceeds" to include various forms of compensation and broadening the definition of "homestead" to encompass different types of residential dwellings. It clarifies that property held jointly by spouses is exempt from execution under a judgment against only one spouse. The bill also shifts the burden of proof in property claims, requiring the complainant to present evidence of the judgment and conveyance, while placing the onus on the judgment debtor to prove the legitimacy of the transaction. Additionally, it introduces timelines for proceedings related to levies on equitable interests and outlines the responsibilities of judgment debtors regarding property transfers made within a year prior to the judgment. The enactment of this bill is contingent upon the approval of specific resolutions in the state legislature.

Statutes affected:
House Introduced Bill: 600.1410