HOUSE BILL NO. 4812
June 15, 2023, Introduced by Rep. Morgan 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:
1 Sec. 1. (1) If a woman acquires real or personal property
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1 before marriage or becomes entitled to or acquires, after marriage,
2 real or personal property through gift, grant, inheritance, devise,
3 or other manner, that property is and shall remain remains the
4 property of the woman and be a part of the woman's estate. She may
5 contract with respect to the property , and sell, transfer,
6 mortgage, convey, devise, or bequeath the property in the same
7 manner and with the same effect as if she were unmarried. The
8 property shall is not be liable for the debts, obligations, or
9 engagements of any other person, including the woman's husband,
10 spouse, except as provided in this act.
11 (2) A married woman has the absolute right to have, hold, own,
12 retain, and enjoy earnings acquired by the married woman as the
13 result of her personal efforts and those earnings shall be are
14 considered the property of the married woman as described in
15 subsection (1).
16 Sec. 4. (1) A married woman may enter into a contract with
17 respect to her separate property as described in section 1. She may
18 bring an action to enforce the contract, recover damages for breach
19 of the contract, or seek other remedy with respect to the contract
20 as provided by law. The married woman shall be is personally liable
21 upon on the contract and a judgment entered against the woman may
22 be satisfied out of the separate property as described in section
23 1.
24 (2) The husband spouse of a married woman shall is not be
25 liable for breach of a contract which that was entered into by the
26 married woman and which that relates to the separate property of
27 the married woman as provided in subsection (1) unless the husband
28 spouse acted as a surety, co-signor, or guarantor on the contract.
29 Sec. 5. A married woman may act as a surety for the debt or
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1 obligation of another person, including the debt of her husband,
2 spouse, by signing a written instrument providing for the
3 suretyship. A judgment entered against the married woman as a
4 surety may be satisfied out of her separate property as described
5 in section 1, whether or not the contract of suretyship benefits or
6 concerns that separate property.
7 Sec. 6. (1) A married woman may enter into a written contract
8 pledging or assigning her interest in her separate property, as
9 described in section 1, as security for the debt of another person,
10 including the debt of her husband. spouse. If a married woman signs
11 a written contract pledging or assigning an interest in her
12 separate property as security for the debt of another person or her
13 husband, spouse, a judgment rendered for payment of the debt may be
14 satisfied out of that separate property whether or not the separate
15 property derives a benefit from the pledge or assignment.
16 (2) A married woman may enter into a written contract giving a
17 general guarantee obligating her personally for the debt of another
18 person, including the debt of her husband. spouse. If the married
19 woman signs such a written contract, a judgment rendered for
20 payment of the debt may be satisfied out of any of the separate
21 property of the married woman described in section 1, whether or
22 not the separate property derives a benefit from the general
23 guarantee.
24 Enacting section 1. This amendatory act does not take effect
25 unless Senate Joint Resolution ____ or House Joint Resolution F
26 (request no. 00367'23) of the 102nd Legislature becomes a part of
27 the state constitution of 1963 as provided in section 1 of article
28 XII of the state constitution of 1963.
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Statutes affected:
House Introduced Bill: 557.21