Michigan House Bill HB4797

Michigan 2023-2024 Regular Session

• Introduced: 6/15/23
• Refer: 6/15/23

Caption

Property tax: other; act regarding survivorship of entireties interest in mortgages and land contracts; revise gender-specific language. Amends title & sec. 1 of 1925 PA 126 (MCL 557.81). TIE BAR WITH: HJR F'23

Impact

This legislation aims to ensure the seamless transition of property rights within marriages, reinforcing the protection of the surviving spouse's rights in relation to property ownership and contractual agreements. By providing clear legal language, the bill seeks to reduce potential disputes that may arise over ownership and owing obligations after the death of one spouse. This change is also significant in maintaining the integrity of marital property rights and simplifying inheritance processes.

Summary

House Bill 4797 proposes amendments to 1925 PA 126 concerning the survivorship rights of spouses in relation to land contracts and mortgages when properties are held as a tenancy by the entirety. The bill clarifies that in cases where a husband and wife enter into a land contract or mortgage as part of the sale of property they jointly own, the remaining spouse will retain rights to the debt and title upon the death of either spouse. Specifically, any debt obligations after the death will be payable to the surviving spouse.

Contention

While the bill primarily seeks to modernize and clarify existing laws, it does introduce a tie bar with pending resolutions that could affect its enactment, suggesting that the bill's implementation is contingent upon broader legislative changes. This tie to Senate Joint Resolution F could generate debates among legislators about legislative priorities and the implications of concurrently addressing both issues. Moreover, advocates push for gender-neutral language throughout the bill, addressing modern societal shifts, but challenges may arise in reconciling this with existing frameworks.

Notable_points

Critics may raise concerns about the nuances of what constitutes fair consent between spouses in contractual arrangements. Additionally, while the bill seeks to promote clarity and fairness, it could inadvertently introduce complexities if not sufficiently delineated from other related laws or if misinterpretations occur post-enactment.