Bulletin: IL2011002

Dear Associates:

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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