This bill amends the 1948 law regarding community property between spouses, specifically targeting sections 3 and 4 of the original act. It clarifies that any property that constituted community property on May 10, 1948, will continue to be recognized as such and remain subject to the provisions of the former 1947 PA 317. The bill also stipulates that property acquired after May 10, 1948, will be deemed separate property unless a notice of claim is filed by either spouse or their heirs before May 10, 1949, asserting that the property constitutes community property.
Additionally, the bill introduces new language regarding the filing of claims, specifying that such claims must be in writing, executed properly, and filed with the appropriate county register of deeds. It emphasizes that any disability or lack of knowledge does not suspend the time for filing a notice of claim, allowing others to act on behalf of those unable to file. The bill also includes provisions that ensure the continued applicability of the notice of claim requirements for property derived from community property. Importantly, the enactment of this bill is contingent upon the approval of a related Senate or House Joint Resolution.
Statutes affected: House Introduced Bill: 557.253, 557.254