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H.B. 452
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7 LONG TITLE
8 General Description:
9 This bill allows for 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.
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
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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 Section 30-2-9 is repealed and reenacted to read: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) A husband and wife may be sued jointly or individually for expenses of the family
27 and education of the children.
28 (2) A creditor shall be entitled to recover from either the husband or wife, or both, for
29 the payment of a family expense when there is a written contract signed by either spouse that
30 allows for the recovery of:
31 (a) collection costs;
32 (b) interest;
33 (c) court costs; and
34 (d) attorney fees.
35 (3) This section shall be applied to all contracts that were entered into by either spouse
36 during the marriage.
Legislative Review Note
as of 2-10-12 12:10 PM