2023 Illinois Compiled Statutes › Chapter 750 - FAMILIES › 750 ILCS 65/ - Rights of Married Persons Act.

(750 ILCS 65/0.01) (from Ch. 40, par. 1000)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Rights of Married Persons Act.
(Source: P.A. 86-1324; 87-286.)
(750 ILCS 65/1) (from Ch. 40, par. 1001)
Sec. 1. 
		Rights to sue and be sued. 
		A married person may,
in all cases, sue and be sued without joining his or her spouse
as if unmarried.  A husband or wife may sue the other for a tort
committed during the marriage. No finding by any court under
Section 401 of the Illinois Marriage and Dissolution of Marriage
Act shall be admissible or be used as prima facie evidence of a
tort in any civil action brought under this Act. An attachment
or judgment in an action may be enforced by or against a married
person as if unmarried.
(Source: P.A. 87-286.)
(750 ILCS 65/2) (from Ch. 40, par. 1002)
Sec. 2. 
		Defending in own right or for other. 
		If husband and wife are
sued together, either may defend for his or her own right and, if either
neglects to defend, the other may defend for both.
(Source: P.A. 87-286.)
(750 ILCS 65/3) (from Ch. 40, par. 1003)
Sec. 3. 
		
		When the husband has deserted his family, the wife may prosecute or
defend, in his name, any action which he might have prosecuted or defended,
and, under like circumstances, the same right shall apply to the husband
upon the desertion of the wife.
(Source: R.S. 1874, p. 576.)
(750 ILCS 65/4) (from Ch. 40, par. 1004)
Sec. 4. 
		Recovery of damages. 
		For all civil injuries committed by a
married person, damages may be recovered from that person alone, and his or
her spouse shall not be responsible for those damages, except in cases
where he or she would be jointly responsible with that person if the
marriage did not exist.
(Source: P.A. 87-286.)
(750 ILCS 65/5) (from Ch. 40, par. 1005)
Sec. 5. 
		
		Neither husband or wife shall be liable for the debts or
liabilities of the other incurred before marriage, and (except as herein
otherwise provided) they shall not be liable for the separate debts of each
other, nor shall the wages, earnings or property of either, nor the rent or
income of such property, be liable for the separate debts of the other.
(Source: R.S. 1874, p. 576.)
(750 ILCS 65/6) (from Ch. 40, par. 1006)
Sec. 6. 
		Contracts. 
		Contracts may be made and liabilities incurred by any
married person and may be enforced against that person to the same extent
and in the same manner as if unmarried.
(Source: P.A. 87-286.)
(750 ILCS 65/7) (from Ch. 40, par. 1007)
Sec. 7. 
		Earnings. 
		A married person may receive, use, and possess his or
her own earnings and sue for those earnings in his or her own name, free
from the interference of his or her spouse or the creditors of his or her
spouse.
(Source: P.A. 87-286.)
(750 ILCS 65/9) (from Ch. 40, par. 1009)
Sec. 9. 
		Property. 
		A married person may own in his or her own
right real and personal property obtained by descent, gift, or purchase and
may manage, sell, and convey that property to the same extent and in the
same manner as an unmarried person.  When husband and wife live together,
however, no transfer or conveyance of goods and chattels between the
husband and wife shall be valid as against the rights and interests of any
third person unless the transfer or conveyance is in writing and filed in
the same manner as security interests are required to be filed by the laws
of this State in cases where the possession of the property is to remain
with the person giving the security.
(Source: P.A. 87-286.)
(750 ILCS 65/10) (from Ch. 40, par. 1010)
Sec. 10. 
		
		Should either the husband or wife unlawfully obtain or retain
possession or control of property belonging to the other, either before or
after marriage, the owner of the property may maintain an action therefor,
or for any right growing out of the same, in the same manner and to the
same extent as if they were unmarried.
(Source: R.S. 1874, p. 576.)
(750 ILCS 65/11) (from Ch. 40, par. 1011)
Sec. 11. 
		
		In case the husband or wife abandons the other and leaves the
state, and is absent therefrom for one year, without providing for the
maintenance and support of his or her family, or is imprisoned in the
penitentiary, the circuit court in the county where the husband or wife
so abandoned or, not confined, resides, may, on application by petition,
setting forth fully the facts, if the court is satisfied of the necessity
by the evidence, authorize him or her to manage, control, sell or incumber
the property of the other, as shall be necessary, in the judgment of the
court, for the support and maintenance of the family, and for the purpose
of paying debts of the other, or debts contracted for the support of the
family. Notice of such proceedings shall be given as in other civil actions,
and anything done under or by virtue of the order or judgment of the court,
shall be valid to the same extent as if the same were done by the party
owning the property.
(Source: P.A. 84-1308.)
(750 ILCS 65/12) (from Ch. 40, par. 1012)
Sec. 12. 
		
		All contracts, sales or incumbrances made by either the husband or
wife, by virtue of the power contemplated in the preceding section, shall
be binding on both, and during such absence or confinement, the person
acting under such power may sue and be sued thereon; and for all acts done
the property of both shall be liable, and execution may be levied or
attachment issued accordingly. No suit or proceeding shall abate, or be in
anywise affected, by the return or release of the person absent or
confined, but he or she shall be permitted to prosecute or defend jointly
with the other.
(Source: R.S. 1874, p. 576.)
(750 ILCS 65/13) (from Ch. 40, par. 1013)
Sec. 13. 
		
		The husband or wife affected by the proceedings contemplated in
the 2 preceding sections may have the order or judgment of the court set
aside or annulled, by filing a petition therefor and serving a notice on
the person in whose favor the same was granted, as in other civil
actions. But the setting aside of such judgment or order shall in nowise
affect any act done thereunder.
(Source: P.A. 84-1308.)
(750 ILCS 65/14) (from Ch. 40, par. 1014)
Sec. 14. 
		
		A husband or wife may constitute the other his or her attorney in
fact, to control and dispose of his or her property for their mutual
benefit or otherwise, and may revoke the same to the same extent and in the
same manner as other persons.
(Source: R.S. 1874, p. 576.)
(750 ILCS 65/15) (from Ch. 40, par. 1015)
Sec. 15. 
(a)(1) The expenses of the family and of the education of the children
shall be chargeable upon the property of both husband and wife, or of
either of them, in favor of creditors therefor, and in relation thereto
they may be sued jointly or separately.
(2) No creditor, who has a claim against a spouse or former spouse for an expense
incurred by that spouse or former spouse which is not a family expense, shall maintain an
action against the other spouse or former spouse for that expense except:
(A) an expense for which the other spouse or former     spouse agreed, in writing, to be liable; or
(B) an expense for goods or merchandise purchased by     or in the possession of the other spouse or former spouse, or for services ordered by the other spouse or former spouse.
(3) Any creditor who maintains an action in violation of this subsection
(a) for an expense other than a family expense against
a spouse or former spouse other than the
spouse or former spouse
who incurred the expense, shall be liable to the other spouse
or former spouse for his or her costs, expenses and attorney's fees
incurred in defending the action.
(4) No creditor shall, with respect to any claim against a spouse or former spouse for
which the creditor is prohibited under this subsection (a) from maintaining
an action against the other spouse or former spouse, engage in any collection efforts
against the other spouse or former spouse, including, but not limited to,
informal or formal
collection attempts, referral of the claim to a collector or collection
agency for collection from the other spouse or former spouse, or making any
representation to a credit
reporting agency that the other spouse or former spouse is any way liable
for payment of the claim.
(b) (Blank).
(c) (Blank).
(Source: P.A. 101-13, eff. 6-12-19.)
(750 ILCS 65/16) (from Ch. 40, par. 1016)
Sec. 16. 
		
		Neither the husband nor wife can remove the other or their
children from their homestead without the consent of the other, unless the
owner of the property shall, in good faith, provide another homestead
suitable to the condition in life of the family; and if he abandons her,
she is entitled to the custody of their minor children, unless a court of
competent jurisdiction, upon application for that purpose, shall otherwise
direct.
(Source: R.S. 1874, p. 576.)
(750 ILCS 65/17) (from Ch. 40, par. 1017)
Sec. 17. 
		
		When the husband or wife is under legal disability and therefore
incapable of executing a deed or mortgage, and relinquishing or conveying
his or her right to homestead in the real property of the other, such
other
person may present his or her petition to the circuit court in the county where the
petitioner resides, or where the real estate to be affected is situated,
setting forth the facts, and particularly describing the real estate sought
to be conveyed or mortgaged, and asking for an order authorizing the
petitioner, or some other person, to execute a deed or
mortgage for the person who is under legal disability,
and thereby relinquish his or her right of
homestead in the real estate.
(Source: P.A. 83-706.)
(750 ILCS 65/18) (from Ch. 40, par. 1018)
Sec. 18. 
		
		The petition shall be verified by the oath of the petitioner, and
shall be filed in the office of the clerk of the circuit court.  Notice of
the filing of such petition shall be given to such
person who is under disability, by service of summons or by publication,
as provided in other civil
cases.  The court shall appoint some discreet person or attorney as guardian
for the person alleged to be under disability,
and the appointed person shall ascertain as
to the propriety, good faith and necessity of the petition, and shall have
power to resist such application and subpoena witnesses and take
depositions to disprove any of the matters in the petition, or show the
impropriety of granting the same.
(Source: P.A. 83-706.)
(750 ILCS 65/19) (from Ch. 40, par. 1019)
Sec. 19. 
		
		If the court is satisfied upon the hearing that the petition was
made in good faith, and the prayer thereof ought to be granted, then the
court shall enter a judgment granting such prayer, and authorizing some
discreet and proper person to make, execute, acknowledge and deliver
jointly with said petitioner all such conveyances or mortgages, and of such
parcels of land as shall in said judgment be specified.
(Source: P.A. 79-1365.)
(750 ILCS 65/20) (from Ch. 40, par. 1020)
Sec. 20. 
		
		The court shall require of the petitioner, at the time and as one
of the conditions of entering the judgment, such security for the protection
of the interests, and for the proper support of such person under legal
disability, as the court deems satisfactory, and may
from time to time
renew or change the same, or require additional security. Such security
shall be deposited with the clerk of the court, and actions may be maintained
thereon for the benefit of such person under legal disability in any court
of competent jurisdiction; or the court may order such portion of the
money received from the sale of such property as the court deems just,
to be set apart in such manner as the court shall direct, for the use and
benefit of such person under legal disability; and such sum so set apart
shall be and remain subject to the control and order of the court.
(Source: P.A. 84-1308.)
(750 ILCS 65/21) (from Ch. 40, par. 1021)
Sec. 21. 
		
		All deeds or mortgages authorized by and executed under the order of any
court, made as hereinbefore provided, shall be valid and shall convey all
the homestead interest of such person under
legal disability in and to the
real estate so conveyed or mortgaged, as fully as if such person had been
under no legal disability, and executed and acknowledged the
same in due form of law.
(Source: P.A. 83-706.)
(750 ILCS 65/22) (from Ch. 40, par. 1022)
Sec. 22. 
		
		Nothing in this Act abolishes or prevents the creation and
enjoyment of the estate of tenancy by the entirety with respect to any
devise, conveyance, assignment, or other transfer of property, including a
beneficial interest in a land trust,
maintained or intended for maintenance as a homestead by both husband and
wife
during coverture made or executed on or after October 1, 1990.
This amendatory Act of 1995 is declarative of existing law.
(Source: P.A. 89-88, eff. 6-30-95; 89-438, eff. 12-15-95.)