House committee advances bill allowing sole owners to sell homestead property without spouse's signature

The House Business Committee on Thursday voted to send House Bill 150 to the floor with a due-pass recommendation. The bill would allow an individual who owned property before marriage and kept it as sole and separate property to sell or refinance that property without the other spouse’s signature even if the property is claimed as a homestead.

Representative John Shirts, sponsor of House Bill 150, told the committee the change is limited to a single sentence in the new statutory section and is meant to remove an impediment created when a nonowning spouse can currently prevent the sale of separate property. "House Bill 150 is a pro property rights bill and really this change is contained in the last line of this new section," Shirts said.

The bill’s sponsor and witnesses emphasized the proposal would not change community property rules. Bob Rice, president of the Idaho Land Title Association, testified in support and said the current rule can block sales or refinances in divorce cases or when a spouse cannot be located. "It does prove to be an impediment for people to refinance and sell properties in situations where there's a divorce, when one spouse cannot be located," Rice said, adding that the change aligns a homestead definition statute with the statute that governs when a married couple must sign to sell homestead property.

Members questioned whether the change could leave a nonowning spouse homeless or without a fair share of proceeds. Representative Birch asked whether a nonowning spouse would retain any interest in sale proceeds if an owning spouse sold the property without their signature. Rice replied that a nonowning spouse could "possibly" have an interest in proceeds through community property or equitable claims, and that the amendment would not affect community property rights or the homestead exemption itself.

Representative Harris and others noted scenarios in which community funds or subsequent contributions might give a nonowning spouse a claim on proceeds. Rice described common fact patterns in his title work: properties acquired before marriage remain separate property but the community may have claims for contributions to mortgage payments or improvements.

No members of the public spoke in favor of the bill at the hearing. A single registered opponent, Emily Jackson Edney of Garden City, was listed as wanting to be recorded opposed but did not appear. After discussion, Representative Jordan Redmond moved to send the bill to the floor with a due-pass recommendation; the committee carried the motion by voice vote.

The bill’s sponsor said the intent is not to render anyone homeless and that community-claim mechanisms in divorce proceedings or equitable claims would address contributions by a nonowning spouse. The bill will next appear on the House floor.