750 ILCS 65

in effect

750 ILCS 65/0.01

(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) (Text of Section before amendment by P.A. 104-40) 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.) (Text of Section after amendment by P.A. 104-40) Sec. 1. Rights to sue and be sued. A married person may, in all cases, sue and be sued without joining the married person's spouse as if unmarried. Either spouse 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. 104-40, eff. 1-1-26.)

750 ILCS 65/2

(750 ILCS 65/2) (from Ch. 40, par. 1002) (Text of Section before amendment by P.A. 104-40) 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.) (Text of Section after amendment by P.A. 104-40) Sec. 2. Defending in own right or for other. If a married couple are sued together, either may defend individually and, if either neglects to defend, the other may defend for both. (Source: P.A. 104-40, eff. 1-1-26.)

750 ILCS 65/3

(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

(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

(750 ILCS 65/5) (from Ch. 40, par. 1005) (Text of Section before amendment by P.A. 104-40) 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.) (Text of Section after amendment by P.A. 104-40) Sec. 5. Neither spouse in a marriage 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: P.A. 104-40, eff. 1-1-26.)

750 ILCS 65/6 Contracts

(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 Earnings

(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 Property

(750 ILCS 65/9) (from Ch. 40, par. 1009) (Text of Section before amendment by P.A. 104-40) 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.) (Text of Section after amendment by P.A. 104-40) Sec. 9. Property. A married person may own in the married person's 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 the spouses live together, however, no transfer or conveyance of goods and chattels between the spouses 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. 104-40, eff. 1-1-26.)

750 ILCS 65/10

(750 ILCS 65/10) (from Ch. 40, par. 1010) (Text of Section before amendment by P.A. 104-40) 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.) (Text of Section after amendment by P.A. 104-40) Sec. 10. Should either spouse 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: P.A. 104-40, eff. 1-1-26.)

750 ILCS 65/11

(750 ILCS 65/11) (from Ch. 40, par. 1011) (Text of Section before amendment by P.A. 104-40) 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.) (Text of Section after amendment by P.A. 104-40) Sec. 11. In case one spouse abandons the other and leaves the state, and is absent therefrom for one year, without providing for the maintenance and support of the absent spouse's family, or is imprisoned in the penitentiary, the circuit court in the county where the abandoned spouse or the spouse who is 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 the abandoned spouse 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. 104-40, eff. 1-1-26.)

750 ILCS 65/12

(750 ILCS 65/12) (from Ch. 40, par. 1012) (Text of Section before amendment by P.A. 104-40) 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.) (Text of Section after amendment by P.A. 104-40) Sec. 12. All contracts, sales or incumbrances made by one spouse to a marriage, 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 the person shall be permitted to prosecute or defend jointly with the other. (Source: P.A. 104-40, eff. 1-1-26.)

750 ILCS 65/13

(750 ILCS 65/13) (from Ch. 40, par. 1013) (Text of Section before amendment by P.A. 104-40) 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.) (Text of Section after amendment by P.A. 104-40) Sec. 13. The spouse 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. 104-40, eff. 1-1-26.)

750 ILCS 65/14

(750 ILCS 65/14) (from Ch. 40, par. 1014) (Text of Section before amendment by P.A. 104-40) 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.) (Text of Section after amendment by P.A. 104-40) Sec. 14. Either spouse may constitute the other spouse's attorney in fact, to control and dispose of 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: P.A. 104-40, eff. 1-1-26.)

750 ILCS 65/15

(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 spouses, 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 the other spouse's 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. 104-40, eff. 1-1-26.)

750 ILCS 65/16

(750 ILCS 65/16) (from Ch. 40, par. 1016) (Text of Section before amendment by P.A. 104-40) 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.) (Text of Section after amendment by P.A. 104-40) Sec. 16. Neither spouse 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 one spouse abandons the other, the abandoned spouse is entitled to the custody of their minor children, unless a court of competent jurisdiction, upon application for that purpose, shall otherwise direct. (Source: P.A. 104-40, eff. 1-1-26.)

750 ILCS 65/17

(750 ILCS 65/17) (from Ch. 40, par. 1017) (Text of Section before amendment by P.A. 104-40) 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.) (Text of Section after amendment by P.A. 104-40) Sec. 17. When one spouse is under legal disability and therefore incapable of executing a deed or mortgage, and relinquishing or conveying the incapable spouse's right to homestead in the real property of the other, such other person may present the other person's 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 the incapable person's right of homestead in the real estate. (Source: P.A. 104-40, eff. 1-1-26.)

750 ILCS 65/18

(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

(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

(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

(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

(750 ILCS 65/22) (from Ch. 40, par. 1022) (Text of Section before amendment by P.A. 104-40) 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.) (Text of Section after amendment by P.A. 104-40) 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 spouses married to each other together during marriage made or executed on or after October 1, 1990. This amendatory Act of 1995 is declarative of existing law. (Source: P.A. 104-40, eff. 1-1-26.)

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.ilga.gov/legislation/ilcs/ilcs.aspFetched: 10/17/2026