Bill Text: MS HB685 | 2023 | Regular Session | Engrossed
Bill Title: Deeds to married couples; create a rebuttable presumption of joint tenancy with rights of survivorship.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2023-03-27 - Died In Conference [HB685 Detail]
Download: Mississippi-2023-HB685-Engrossed.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary A
By: Representative Reynolds
House Bill 685
(As Passed the House)
AN ACT TO AMEND SECTION 89-1-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN A PERSON CONVEYS AN INTEREST IN PROPERTY TO TWO INDIVIDUALS WHO ARE MARRIED TO EACH OTHER, AND SUCH PROPERTY IS THE PRIMARY RESIDENCE OF THAT MARRIED COUPLE, THE DEED CONVEYING SUCH INTEREST SHALL CREATE A REBUTTABLE PRESUMPTION THAT THE PROPERTY IS THE PRIMARY RESIDENCE OF THE MARRIED INDIVIDUALS; TO PROVIDE THAT THE PROPERTY INTEREST IS CONSIDERED TO BE JOINT TENANCY WITH A RIGHT OF SURVIVORSHIP, UNLESS THERE ARE SPECIFIC PROVISIONS PROVIDED FOR IN THE DEED TO THE CONTRARY AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 89-1-7, Mississippi Code of 1972, is amended as follows:
89-1-7. (1) All
conveyances or devises of land made to two (2) or more persons, * * * excluding conveyances or
devises to a husband and wife if such conveyance or devise of land is
used as their primary residence, shall be construed to create estates in
common and not in joint tenancy or entirety, unless it manifestly appears from
the tenor of the instrument that it was intended to create an estate in joint
tenancy or entirety with the right of survivorship. But an estate in joint
tenancy or entirety with right of survivorship may be created by such
conveyance from the owner or owners to himself, themselves or others, or to
himself, themselves and others.
An estate in joint tenancy or entirety with right of survivorship between spouses may be terminated by deed of one spouse to the other without necessity of joinder of the grantee spouse and without regard to whether the property constitutes any part of the homestead of the spouses.
(2) After the effective date of this act, when a person conveys an interest in property to two persons who are married to each other, and such property is the primary residence of that married couple, the deed conveying such interest shall create a rebuttable presumption that the property is the primary residence of the married individuals, and the property interest is considered to be joint tenancy with a right of survivorship, unless there are specific provisions provided for in the deed to the contrary.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.
