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AR HB1055

Bill

Status

Failed

5/1/2017

Primary Sponsor

Kim Hammer

Click for details

Origin

House of Representatives

91st General Assembly (2017 Regular)

AI Summary

  • Adds a new subdivision to Arkansas Code § 9-12-315(a) creating a presumption that appreciation in value of pre-marital property resulting from a spouse's time, effort, or skill during the marriage is marital property.

  • Amends Arkansas Code § 9-12-315(b)(5) to clarify that appreciation in value of property acquired prior to marriage, by gift, inheritance, life insurance proceeds, retirement accounts, or transfer on death arrangements is subject to the same presumption if the appreciation resulted from a spouse's time, effort, or skill.

  • Establishes legislative intent to codify the common law doctrine of "active appreciation" from the Arkansas Supreme Court case Layman v. Layman (1987) in response to the Moore v. Moore (2016) decision.

  • Ensures continuity and reasonable predictability in property division during divorce proceedings by statutorily recognizing that a spouse's contributions can increase the marital portion of pre-marital or inherited property.

Legislative Description

To Amend The Definition Of "marital Property" For Purposes Of Division Of Property In An Action For Divorce.

Last Action

Died in House Committee at Sine Die Adjournment

5/1/2017

Committee Referrals

Judiciary1/9/2017

Full Bill Text

No bill text available