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H.B. 179





Chief Sponsor: Mike K. McKell

Senate Sponsor: ____________

             7      LONG TITLE
             8      General Description:
             9          This bill amends provisions related to family expenses between a husband and a wife.
             10      Highlighted Provisions:
             11          This bill:
             12          .    describes conditions of contracts or agreements between a husband and a wife
             13      related to family expenses.
             14      Money Appropriated in this Bill:
             15          None
             16      Other Special Clauses:
             17          None
             18      Utah Code Sections Affected:
             19      AMENDS:
             20           30-2-9 , as last amended by Laws of Utah 2011, Chapter 109
             22      Be it enacted by the Legislature of the state of Utah:
             23          Section 1. Section 30-2-9 is amended to read:
             24           30-2-9. Business and consumer regulation amendment.
             25          (1) The expenses of the family and the education of the children are chargeable upon
             26      the property of both husband and wife or of either of them, and in relation thereto they may be
             27      sued jointly or separately.

             28          [(2) In an action by a creditor against either husband or wife for the payment of a
             29      family expense, the creditor or debtor as the prevailing party shall be entitled to recover
             30      reasonable collection costs, interest, and attorney fees as provided in a contract between the
             31      creditor and debtor.]
             32          (2) For the expenses described in Subsection (1), where there is a written agreement
             33      signed by either spouse which allows for the recovery of agreed upon amounts, a creditor or an
             34      assignee or successor in interest of the creditor is entitled to recover the contractually allowed
             35      amounts against both husband and wife, jointly and severally.
             36          (3) Subsection (2) applies to all contracts and agreements under this section entered
             37      into by either spouse during the time the parties are married and living together as husband and
             38      wife.
             39          (4) For the purposes of this section, family expenses are considered expenses incurred
             40      that benefit and promote the family unit. Items purchased pursuant to a written contract or
             41      agreement during the marriage that do not relate to family expenses are not covered by this
             42      section.

Legislative Review Note
    as of 3-4-14 11:26 AM

Office of Legislative Research and General Counsel

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