On April 1, 2025, Idaho House Bill 150 was signed into law. The bill repeals and adds to the existing law regarding conveyances or encumbrances of homestead property by married couples.
Under the bill, existing Section 55-1007 is repealed and replaced with a new provision that outlines the requirements for conveyance or encumbrance of a homestead by a married person. New Section 55-1007 provides that if both spouses are on title, one spouse may not encumber or convey a homestead property without the consent of the other spouse.
Consent by a spouse must be evidenced by the following: (1) each spouse executing and acknowledging the instrument by which the homestead is conveyed or encumbered, or (2) a deed from one spouse to the other spouse establishing the homestead property as the sole and separate property of the grantee spouse. The bill retains the language from the current law, which provides that either spouse may execute a power of attorney authorizing the other spouse to convey or encumber the homestead on behalf of the principal.
The expanded Section 55-1007 also provides that consent is not required from a spouse who is not on the title of a homestead. The property may be conveyed or encumbered by the other spouse who owns the homestead as a separate property.
DocMagic currently includes the signature of a non-title spouse provided on a loan. DocMagic will continue to print a non-title spouse if provided, to provide maximum flexibility to our clients. However, based on this change, if a spouse is not on title, they should not need to sign a security instrument and related documents.
House Bill 150 becomes effective July 1, 2025.
