First Substitute H.B. 80

Representative Johnny Anderson proposes the following substitute bill:

1 FAMILY EXPENSES AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Johnny Anderson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill allows a creditor to collect from either a husband or wife or both for debts
10 incurred during the marriage.
11 Highlighted Provisions:
12 This bill:
13 . provides that a creditor may collect a debt from either spouse when the debt was
14 incurred during the marriage for a family expense or the education of the children.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 REPEALS AND REENACTS:
21 30-2-9, as last amended by Laws of Utah 2011, Chapter 109
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 30-2-9 is repealed and reenacted to read:
25 30-2-9. Family expenses -- Joint and several liability.

26 (1) Both the husband and wife, or either of them separately, are responsible for the
27 expenses of the family and the education of the children, and they may be sued jointly or
28 separately for the recovery of any expenses related to the family or the education of the
29 children.
30 (2) For the expenses described in Subsection (1), the creditor shall be entitled to
31 recover against the husband and wife, jointly and severally, all amounts provided for in a
32 written contract signed by either the husband or wife, or as otherwise provided by law.
33 (3) Subsection (2) applies to all contracts under this section entered into by either
34 spouse any time the parties are married and living together as husband and wife.

[Bill Documents]