2001 Legislation
Print Friendly

SENATE BILL NO. 1030 – Property, community/seperate/income

SENATE BILL NO. 1030

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


              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