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AR HB1686

Bill

Status

Failed

4/24/2019

Primary Sponsor

Andrew Collins

Click for details

Origin

House of Representatives

92nd General Assembly (2019 Regular)

AI Summary

  • Adds a new subdivision to Arkansas Code § 9-12-315(a) establishing a presumption that property appreciation resulting from a spouse's time, effort, or skill during marriage is marital property, even if the property was acquired before marriage.

  • Amends Arkansas Code § 9-12-315(b)(5) to clarify that increases in value of pre-marital property, gifts, inherited property, life insurance proceeds, retirement accounts, and property acquired by survivorship are presumed marital property when the appreciation results from a spouse's time, effort, or skill.

  • Codifies the common law "active appreciation" doctrine established in Layman v. Layman (1987) in response to the Supreme Court case Moore v. Moore (2016) to ensure continuity and predictability in divorce property division proceedings.

Legislative Description

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

Last Action

Died on House at Sine Die Adjournment

4/24/2019

Committee Referrals

Judiciary3/18/2019
Judiciary3/5/2019

Full Bill Text

No bill text available