Bill Text: MI HB6060 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Property: ownership interests; rights and liabilities of married women act; revise gender-specific language Amends secs. 1, 4, 5 & 6 of 1981 PA 216 (MCL 557.21 et seq.).
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2020-08-12 - Bill Electronically Reproduced 08/06/2020 [HB6060 Detail]
Download: Michigan-2019-HB6060-Introduced.html
HOUSE BILL NO. 6060
August 06, 2020, Introduced by Reps. Kuppa,
Hoadley, Brixie, Hood, Ellison, Tyrone Carter, Kennedy, Koleszar, Sowerby
and Rabhi and referred to the Committee on Government Operations.
A bill to amend 1981 PA 216, entitled
"An act to provide for the rights and liabilities of married women with respect to certain real and personal property; to abrogate the common law disabilities of married women with respect to certain contracts; to prescribe the payment and satisfaction of judgments rendered upon certain written contracts; and to repeal certain acts and parts of acts,"
by amending sections 1, 4, 5, and 6 (MCL 557.21, 557.24, 557.25, and 557.26).
the people of the state of michigan enact:
Sec. 1. (1) If a woman acquires real or personal property before marriage or becomes entitled to or acquires, after marriage, real or personal property through gift, grant, inheritance, devise, or other manner, that property is and shall remain remains the property of the woman and be a part of the woman's estate. She may contract with respect to the property , and sell, transfer, mortgage, convey, devise, or bequeath the property in the same manner and with the same effect as if she were unmarried. The property shall is not be liable for the debts, obligations, or engagements of any other person, including the woman's husband, spouse, except as provided in this act.
(2) A married woman has the absolute right to have, hold, own, retain, and enjoy earnings acquired by the married woman as the result of her personal efforts and those earnings shall be are considered the property of the married woman as described in subsection (1).
Sec. 4. (1) A married woman may enter into a contract with respect to her separate property as described in section 1. She may bring an action to enforce the contract, recover damages for breach of the contract, or seek other remedy with respect to the contract as provided by law. The married woman shall be is personally liable upon on the contract and a judgment entered against the woman may be satisfied out of the separate property as described in section 1.
(2) The husband spouse of a married woman shall is not be liable for breach of a contract which that was entered into by the married woman and which that relates to the separate property of the married woman as provided in subsection (1) unless the husband spouse acted as a surety, co-signor, or guarantor on the contract.
Sec. 5. A married woman may act as a surety for the debt or obligation of another person, including the debt of her husband, spouse, by signing a written instrument providing for the suretyship. A judgment entered against the married woman as a surety may be satisfied out of her separate property as described in section 1, whether or not the contract of suretyship benefits or concerns that separate property.
Sec. 6. (1) A married woman may enter into a written contract pledging or assigning her interest in her separate property, as described in section 1, as security for the debt of another person, including the debt of her husband. spouse. If a married woman signs a written contract pledging or assigning an interest in her separate property as security for the debt of another person or her husband, spouse, a judgment rendered for payment of the debt may be satisfied out of that separate property whether or not the separate property derives a benefit from the pledge or assignment.
(2) A married woman may enter into a written contract giving a general guarantee obligating her personally for the debt of another person, including the debt of her husband. spouse. If the married woman signs such a written contract, a judgment rendered for payment of the debt may be satisfied out of any of the separate property of the married woman described in section 1, whether or not the separate property derives a benefit from the general guarantee.
Enacting section 1. This amendatory act does not take effect unless Senate Joint Resolution _____ or House Joint Resolution T (request no. 02690'19) of the 100th Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.
