- February 25, 2011
- All Illinois Issuing Offices
- Illinois Religious Freedom Protection and Civil Union Act
At the end of 2010, the Illinois Governor signed The Illinois Religious Freedom Protection and Civil Union Act (Public Act 096-01513; 750 ILCS 75) into law which will become effective June 1, 2011. The statute provides for a Civil Union, a legal relationship, between 2 persons, of either the same sex or opposite sex pursuant to the Act. It provides for the issuance of a license, beginning on June 1, 2011, which becomes effective one day after the date of issuance.
The new law provides that the persons entering into the Civil Union have the same "obligations, responsibilities, protections, and benefits afforded or recognized by the law of Illinois to spouses." From a title insurance perspective, this new statute will have an impact on underwriting transactions where a Civil Union is involved in the areas of title to the land, descent and distribution, inheritance, probate, homestead, and dissolution of the Civil Union. Any title issues involving title where the parties are in a Civil Union are to be handled and underwritten in the fashion as if the parties were married.
If you have any questions relating to this or other bulletins, please contact your local underwriting personnel or Stewart Legal Services.
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THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.