The Illinois Religious Freedom Protection and Civil Union Act became effective on June 1, 2011. It creates a status equal to marriage under Illinois law, without regard to gender. Those who enter into a civil union have the same legal obligations, responsibilities, protections and benefits as those who are married under Illinois law.
Under the new law, a “civil union” is a relationship between two persons, of either the same or opposite sex. So, a man and woman could forego marriage, and enter into a civil union if they wish. Also, Illinois law now recognizes marriages, civil unions or other substantially similar legal relationships between two parties of the same sex in another state.
From a lawyer’s perspective, the new statute is very exciting as it adds a new dimension to many different areas of law including real estate, estate planning, trusts and estates, family law, and health care. Here are a few examples:
Real estate:
When a married couple bought a home, they were identified as “Joe Smith and Mary Smith, husband and wife.” Now, identifying the relationship between two persons buying a home may not be necessary. Therefore, a married or civil union couple will be identified as “Joe Smith and Bill Jones, as tenants by the entirety.”
Parties to a civil union, like married couples, may own their home as “tenants by the entirety.” This is important as it protects one or both owners in many different settings.
Also, if one party to a civil union owns the home in which both parties reside, the non-owner party to the civil union has homestead rights.
If one person owns a residential property, a non-owner party to a civil union (like a non-owner spouse) will need to be named a party to a mortgage foreclosure lawsuit.
Estate planning, and Trusts and Estates:
A legal document called an Affidavits of Heirship, used in probate estates and real estate transactions, states whether a deceased person was married. Now, affidavits of Heirship will state whether the deceased person entered into a civil union.
When a party to a civil union dies, the surviving party, like a surviving spouse, is entitled to an Intestate or Elective share in the deceased person’s probate estate, which is equal to one-half of value of the estate if there are children, or the entire estate if there are no children.
Under Illinois law, a person cannot “disinherit” their spouse in a will. Now, a party to a civil union cannot disinherit the other party. If this is tried, the surviving party, like the surviving spouse may renounce the will and take his or her statutory share. This is one-third of the entire estate there are children or one-half of the entire estate if there are no children
Healthcare:
If a party to a civil union becomes unable to care for herself or himself, and a petition for guardianship is filed, the other party to the civil union must be given notice
Family law:
Parties to a civil union may get “divorced.” The procedures for dissolving a civil union are the same as dissolving a marriage, and are governed by the Illinois Marriage and Dissolution of Marriage Act.
Conclusion:
The new law has a broader effect that what has been reported in the news. The new law may be effecting you without knowing. If you are or will be a party to a civil union, or if your family tree includes a party to a civil union, and you have questions about how the new law, do not hesitate to contact me.
