Michigan House Bill HB4792

Michigan 2023-2024 Regular Session

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

Caption

Property tax: other; act regarding the right to manage and contract entireties property; revise gender-specific language. Amends title & sec. 1 of 1975 PA 288 (MCL 557.71). TIE BAR WITH: HJR F'23

Impact

If enacted, HB 4792 would significantly impact the understanding of property rights within marital relationships in Michigan. The amendment would ensure that income generated from shared property does not favor one spouse over the other, thereby reinforcing fair and equal management rights. This bill not only updates the legal language to be inclusive but also ensures both spouses have equal authority over property management and income derived from it, fostering an environment of cooperation and partnership.

Summary

House Bill 4792 proposes an amendment to the existing statute from 1975 PA 288, which governs the income rights of husbands and wives regarding real estate and other property held as tenants by the entirety. The bill aims to revise the language in the statute to promote gender-neutral terms such that both spouses are equally entitled to the rents, products, income, profits, and control of the property they hold together. By emphasizing spousal equality, the bill reflects modern values of partnership in property ownership.

Contention

While the bill primarily aims to promote equality, there may be points of contention among lawmakers regarding interpretations of spousal rights or the implications of joint management. Critics might raise concerns about the practical applications of these changes, especially in cases of separation or divorce, potentially leading to conflicts over property management. Nonetheless, supporters argue that this amendment is a necessary progression toward equal rights in property ownership, aligning the law with contemporary views on marriage and shared financial responsibilities.