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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 - 2001
IN 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 all property,
13 separate or community, 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
16 property and portion of the income from all or the specifically designated
17 such property shall be the separate property of one (1) of the spouses. or the
18 The income from of all or specifically designated separate property be is the
19 separate property of the spouse to whom owning 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, that
27 the income from such property shall not be the separate property of the
28 grantee spouse unless this fact is specifically stated in the instrument of
29 conveyance.
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