This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Mon, Mar 9, 2015 at 3:28 PM by bhansen.



Chief Sponsor: Curtis S. Bramble

House Sponsor: Daniel McCay


8     General Description:
9          This bill amends provisions related to family expenses.
10     Highlighted Provisions:
11          This bill:
12          ▸     describes conditions of contracts or agreements between spouses related to family
13     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. Family expenses -- Joint and several liability.
25          (1) The expenses of the family and the education of the children are chargeable upon
26     the property of both [husband and wife] spouses or of either of them[, and in relation thereto]
27     separately, for which expenses they may be 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 that 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 spouses, 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.
38          (4) For the purposes of this section, family expenses are considered expenses incurred
39     that benefit and promote the family unit. Items purchased pursuant to a written contract or
40     agreement during the marriage that do not relate to family expenses are not covered by this
41     section.
41a     Ŝ→ (5) The provisions of Subsections (2) and (3) do not create a right to attorney's fees or
41b     collection fees as to the nonsigning spouse for purchases of;
41c          (a) food or clothing; or
41d          (b) home improvements or repairs over $5,000. ←Ŝ

Legislative Review Note
     as of 2-24-15 7:22 PM

Office of Legislative Research and General Counsel