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S1073................................................by JUDICIARY AND RULES
MARRIAGE SETTLEMENTS - Amends existing law relating to marriage settlements
to provide for the recording of summaries of contracts and to provide the
effect of such recording.
01/31 Senate intro - 1st rdg - to printing
02/01 Rpt prt - to Jud
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 34-0-1
AYES -- Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Andreason
Floor Sponsor - Jorgenson
Title apvd - to House
02/15 House intro - 1st rdg - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Edmunson, Ellsworth, Field(18),
Field(23), Garrett, Hart(Jacobson), Harwood, Henbest, Henderson,
Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Ring, Ringo, Rusche, Rydalch, Sali, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
Speaker
NAYS -- None
Absent and excused -- Crow, Denney, Eskridge, Raybould, Roberts
Floor Sponsor - Smith(24)
Title apvd - to Senate
03/16 To enrol
03/17 Rpt enrol - Pres signed
03/18 Sp signed
03/21 To Governor
03/23 Governor signed
Session Law Chapter 124
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1073
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO MARRIAGE SETTLEMENTS; AMENDING SECTION 32-918, IDAHO CODE, TO PRO-
3 VIDE FOR THE RECORDING OF SUMMARIES OF CONTRACTS AND TO PROVIDE FOR THE
4 EFFECT OF SUCH RECORDING.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 32-918, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 32-918. MARRIAGE SETTLEMENTS -- RECORD. (1) When such contract is
9 acknowledged or proved, it must be recorded in the office of the recorder of
10 every county in which any real estate may be situated which is granted or
11 affected by such contract.
12 (2) (a) A summary of the contract may be recorded in lieu of the con-
13 tract, under this chapter or the laws of this state, if the requirements
14 of this section are substantially met.
15 (b) A summary of the contract shall be signed and acknowledged by all
16 parties to the original contract. The summary of the contract shall
17 clearly state:
18 (i) The names of the parties to the original contract;
19 (ii) The complete mailing address of all parties;
20 (iii) The title and date of the contract;
21 (iv) A description of the interest or interests in real property
22 created by the contract; and
23 (v) The legal description of the property.
24 (c) Other elements of the contract may be stated in the summary.
25 (3) If the requirements of this section are met, the summary of the con-
26 tract may be recorded under the provisions of this chapter and, as to the con-
27 tents of the summary only, it shall have the same force and effect as if the
28 original contract had been recorded, and constructive notice shall be deemed
29 to be given concerning the contents of the summary and the existence of the
30 contract to any subsequent purchasers, mortgagees, or other persons or enti-
31 ties that acquire an interest in the real property.
STATEMENT OF PURPOSE
RS 14755
Current Idaho law requires that Marriage Settlements (prenuptial
and postnuptial agreements or similar documents) must be recorded
in their entirety to be effective as to any real estate affected
by the Settlement. However, such Settlement often contain
information that the parties do not wish to have public,
including, but certainly not limited to, details of ownership of
entities, and private agreements between the parties not related
to the real estate involved. This bill allows the recording of a
summary of the Marriage Settlement so long as the requirements of
the new bill are met.
FISCAL IMPACT
This bill will have no fiscal impact.
Contact
Name: Robert L. Aldridge,
Trust & Estate Professionals of Idaho, Inc.
Phone: Office 208) 336-9880 Cell (208) 631-2481
STATEMENT OF PURPOSE/FISCAL NOTE S 1073