HOUSE BILL NO. 4773
June 15, 2023, Introduced by Reps. Neeley and Morgan and referred to the Committee on
Government Operations.
A bill to amend 1948 (1st Ex Sess) PA 39, entitled
"An act to repeal Act No. 317 of the Public Acts of 1947, entitled
"An act to provide for the creation of a community estate between
husband and wife in real and personal property as defined herein;
to prescribe the effect of such community estate; to define and
prescribe certain rights and liabilities of parties affected
hereby; to eliminate curtesy and dower in such community estate; to
preserve the right of dower in the separate property of the
husband, and to repeal all acts and parts of acts inconsistent
herewith,""
by amending sections 3 and 4 (MCL 557.253 and 557.254).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 3. (1) Any property which, at the time this act takes
THS 00367'23 tt
 2
1 effect, constitutes that, on May 10, 1948, constituted community
2 property by virtue because of the provisions of Act No. 317 of the
3 Public Acts of 1947 shall continue former 1947 PA 317 continues to
4 be community property and remain remains subject to the provisions
5 of said that act, and for such that purpose said that act shall
6 continue continues in force. : Provided, That, except where
7 However, unless the conveyance or other instrument of title under
8 which the same property was acquired or other evidence of ownership
9 thereof of the property expressly states the intention that such
10 the property shall be is community property, any such the property
11 shall, upon the expiration of 1 year after the time this act takes
12 effect, must, after May 9, 1949, be deemed to be the separate
13 property of 1 or both of the husband or the wife, or both, spouses,
14 according to the name or names set forth in the conveyance or other
15 instrument of title under which such the property was acquired or
16 other evidence of ownership thereof, of the property, unless,
17 within such 1 year period, after May 9, 1948 and before May 10,
18 1949, either spouse having an interest therein, in the property, or
19 any of the devisees, legatees, heirs, or distributees of either of
20 them who shall have has died prior to or during the running of such
21 1 year period, shall file before May 10, 1949, files notice of
22 claim that such the property constitutes community property.
23 (2) Such A notice of claim under this section, to be
24 effective, shall must be in writing, shall contain a description of
25 each item of property to which the same notice relates, shall be
26 executed by the party making the same claim in the manner required
27 for the execution of deeds, and shall be filed in the office of the
28 register of deeds for the county in which the spouse by whom, or in
29 whose behalf, the same claim is made resides at the time of the
THS 00367'23 tt
 3
1 filing thereof, or, in the event that such if the spouse shall have
2 has died, for the county in which such the spouse resided at the
3 time of death. In the event that such If the notice of claim
4 relates to real property located in any other county or counties,
5 to be effective as to such that property, a duplicate original of
6 such the notice of claim shall must also be filed in the office of
7 the register of deeds for each such other county.
8 (3) No A disability of any kind or lack of knowledge on the
9 part of anyone shall does not suspend the running of the time for
10 filing such a notice of claim under this section, but such the
11 notice may be executed and filed by any other person acting in
12 behalf of any party by whom such the notice of claim may be filed
13 who is under a disability or otherwise unable to make such the
14 claim in his or her own behalf.
15 Sec. 4. Any property hereafter derived after May 10, 1948 from
16 property which that constitutes community property by virtue of the
17 provisions of Act No. 317 of the Public Acts of 1947 shall
18 constitute former 1947 PA 317 constitutes community property and
19 remain remains subject to the provisions of said that act and for
20 such that purpose said that act shall continue continues in force.
21 : Provided, That, except where However, unless the conveyance or
22 other instrument of title under which the same property is acquired
23 or other evidence of ownership thereof of the property expressly
24 states the intention that such the property shall be is community
25 property, any such property acquired within 1 year after the time
26 this act takes effect shall before May 10, 1949 must be deemed to
27 be separate property of 1 or both of the husband or the wife, or
28 both, spouses according to the name or names set forth in the
29 conveyance or other instrument of title under which such the
THS 00367'23 tt
 4
1 property is acquired or other evidence of ownership thereof, of the
2 property, unless within such 1 year period after May 9, 1948 and
3 before May 10, 1949, either spouse having an interest therein, in
4 the property or any of the devisees, legatees, heirs, or
5 distributees of either of them who shall have has died prior to or
6 during the running of such 1 year period, shall file before May 10,
7 1949 files notice of claim that such the property constitutes
8 community property. : And provided further, That any Any such
9 property acquired after the expiration of such 1 year period shall
10 May 9, 1949 must be deemed to be separate property, as aforesaid,
11 provided in this section, unless the conveyance or other instrument
12 of title under which such the property is acquired or other
13 evidence of ownership thereof shall of the property expressly state
14 states the intention that such the property shall constitute
15 constitutes community property. All of the The provisions of
16 section 3 of this act with respect to any about a notice of claim
17 pursuant thereto shall be applicable with respect under that
18 section apply to any a notice of claim under the provisions of this
19 section.
20 Enacting section 1. This amendatory act does not take effect
21 unless Senate Joint Resolution ____ or House Joint Resolution F
22 (request no. 00367'23) of the 102nd Legislature becomes a part of
23 the state constitution of 1963 as provided in section 1 of article
24 XII of the state constitution of 1963.
THS Final Page 00367'23 tt


Statutes affected:
House Introduced Bill: 557.253, 557.254