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MI HB4621

MI HB4621
Property: 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'25


summary

Introduced
06/10/2025
In Committee
06/10/2025
Crossed Over
Passed
Dead

Introduced Session

103rd Legislature

Bill Summary

A bill to amend 1925 PA 126, entitled"An act to provide for the payment to the survivor of husband and wife, of land contracts, and of notes and other obligations secured by a mortgage, given as part of the purchase price of lands held as a tenancy by the entirety, and the vesting of the title of the mortgage or land contract in the survivor,"by amending the title and section 1 (MCL 557.81).

AI Summary

This bill updates a 1925 law related to property ownership by spouses, specifically modernizing language and clarifying survivorship rights for land contracts and mortgages held as a tenancy by the entirety. The bill removes gender-specific terms like "husband and wife" and replaces them with "spouses," while maintaining the core legal principle that if spouses sell land together and accept a mortgage or land contract as partial payment, the debt and associated rights will transfer entirely to the surviving spouse upon the death of one partner. The legislation ensures that the mortgage title and contract rights automatically vest with the survivor, without requiring additional legal action. Importantly, the bill will only take effect if a related constitutional amendment (referenced in the enacting section) is approved, linking this statutory change to a broader constitutional update. The changes are primarily linguistic but also serve to make the law more gender-neutral and contemporary in its language and application.

Committee Categories

Government Affairs

Sponsors (27)

Last Action

Bill Electronically Reproduced 06/10/2025 (on 06/11/2025)

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