View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1030................................................by JUDICIARY AND RULES PROPERTY - Amends existing law to provide that income from community property is community property unless otherwise declared; and to provide that income from separate property is the separate property of the spouse owning the property. 01/25 Senate intro - 1st rdg - to printing 01/26 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1030 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO COMMUNITY PROPERTY; AMENDING SECTION 32-906, IDAHO CODE, TO PRO- 3 VIDE THAT INCOME FROM COMMUNITY PROPERTY IS COMMUNITY PROPERTY UNLESS 4 OTHERWISE DECLARED, TO PROVIDE THAT INCOME FROM SEPARATE PROPERTY IS THE 5 SEPARATE PROPERTY OF THE SPOUSE OWNING THE PROPERTY, TO DELETE OBSOLETE 6 LANGUAGE AND TO MAKE A TECHNICAL CORRECTION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 32-906, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 32-906. COMMUNITY PROPERTY -- INCOME FROM SEPARATE AND COMMUNITY PROPERTY 11 -- CONVEYANCE BETWEEN SPOUSES. (1) All other property acquired after marriage 12 by either husband or wife is community property. The income of allproperty,13separate orcommunity,property is community property, unless the conveyance 14 by which it is acquired provides, or both spouses, by written agreement spe- 15 cifically so providing, declare, that all or some specifically designated 16property andportion of the income fromall or the specifically designated17 such property shall be the separate property of one (1) of the spouses.or the18 The incomefromof allor specifically designatedseparate propertybeis the 19 separate property of the spouseto whomowning the property.belongs.Such 20 property and its income shall be subject to the management of the spouse own- 21 ing the property and shall not be liable for the debts of the other member of 22 the community. 23 (2) Property conveyed by one spouse to the other shall be presumed to be 24 the sole and separate estate of the grantee and only the grantor spouse need 25 execute and acknowledge the deed or other instrument of conveyance notwith- 26 standing the provisions of section 32-912, Idaho Code; provided, however, that27the income from such property shall not be the separate property of the28grantee spouse unless this fact is specifically stated in the instrument of29conveyance.
STATEMENT OF PURPOSE RS 10713 This Bill amends and simplifies the original statute by providing that the income from community property is community, unless the instrument conveying the property to the community, or a written agreement of the spouses, provides otherwise, and that the income from separate property is separate. Idaho, almost alone in the United States, currently provides that income from separate property is, counter-intuitively, community unless the instrument of conveyance states that the income is separate. Few people know of these provisions and therefore much litigation results, especially in divorce, but also in probates, where intestacy rules provide for different devolution of community versus separate property. This is complicated by co-mingling, tracing, and similar, rules which can result in much or all of the separate property becoming community because it is now impossible to trace the income as compared to the principal of the property, as in, for example, a bank or stock account. FISCAL NOTE This bill should have no effect on revenues or expenditures. The bill may lower court involvement in disputes and thereby lower expenditures. CONTACT: Robert L. Aldridge 1209 North Eighth Street Boise, Idaho 83702 4297 Telephone: office: (208) 336 9880 STATEMENT OF PURPOSE/FISCAL NOTE S 1030