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Panel introduces RS to let married persons sell sole-and-separate property without spouse’s consent
Summary
Representative John Shirts introduced RS31937 to allow a married person to sell or encumber property they hold as sole and separate property without a spouse’s consent; sponsors said the change would not alter community property rules. The committee voted to introduce the RS.
The House Business Committee voted to introduce RS31937, a proposal from Representative John Shirts that would let a married person sell or encumber property they individually own as sole and separate property without a spouse’s consent.
Shirts told the committee the change addresses situations that have arisen in divorce or title transactions where one spouse’s action can impede the sale of sole and separate property. He emphasized the proposal would not alter Idaho’s community property statutes or the allocation of proceeds from sales; rather, it would clarify that consent of a spouse is not required for disposition of property that is by law sole and separate.
Committee members noted the need for expert testimony on title issues if the RS receives a full hearing. Representative Crane said he would prefer testimony from Martin Bilbao (an individual he identified as having expertise on title issues) when the measure returns for a hearing. Representative Crane moved to introduce RS31937; the motion carried by voice vote.
