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Committee sends homestead-consent bill to further study after questions on community‑property and creditor risks
Summary
House Bill 150, which would let owners of sole-and-separate homesteads convey or encumber property without a nonowning spouse’s consent, was sent to the fourteenth order for possible amendment after testimony about community‑property reimbursement rights, creditor liens and court orders.
The Senate Local Government and Taxation Committee on March 6 voted to send House Bill 150 to the fourteenth order for possible amendment after an extended hearing that focused on how the bill would interact with community‑property claims and creditor rights.
Representative John Shirts, sponsor of House Bill 150, told the committee the bill addresses a recurring title‑work problem: when a person who owned property prior to marriage (a sole-and-separate owner) cannot sell or refinance because the nonowning spouse must join the conveyance or consent. "If you own that property sole and separate, you no longer need the signature from the spouse who doesn't own that property," Shirts said, describing…
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