January 24, 2007, Introduced by Senator GILBERT and referred to the Committee on Judiciary.
A bill to amend 1927 PA 210, entitled
"An act to provide for the termination of tenancies by the entirety
and the conveyance of interests therein,"
by amending sections 1 and 2 (MCL 557.101 and 557.102).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) In all cases where husband and wife own any
interest
in land as tenants by the entirety, such the tenancy by
the
entirety may be terminated by a either
of the following:
(a) A conveyance from either one to the other of his or her
interest in the land so held.
(b) Subject to subsection (2), a conveyance from the husband
or wife to a third party if, for a period of 1 year preceding the
conveyance, the spouse of the conveying husband or wife did any of
the following:
(i) Was willfully absent from the conveying husband or wife.
(ii) Deserted the conveying husband or wife.
(iii) Willfully neglected or refused to provide support for the
conveying husband or wife if required to do so by law.
(2) The husband or wife who wishes to terminate a tenancy by
the entirety pursuant to subsection (1)(b) or, if he or she is
deceased, a person to whom he or she conveyed or granted an
interest in the property by deed, will, or trust, shall petition
the court for a determination of 1 or more of the conditions
prescribed in subsection (1)(b)(i) to (iii). Venue for a proceeding
under this subsection is in the circuit court in the county in
which the petitioner resides or in which the property is located. A
petition under this subsection shall be filed not less than 63 days
or more than 7 years after the expiration of the 1-year period
described in subsection (1)(b). A petition under this section shall
set forth the facts and circumstances supporting the petitioner's
contention. Upon the filing of a petition under this section, the
court shall fix the time and place for a hearing. The petitioner
shall give or cause to be given notice of the hearing as provided
by supreme court rule. If the court determines, by the
preponderance of the evidence, that 1 or more of the conditions
prescribed in subsection (1)(b)(i) to (iii) have been established,
the court shall issue an order stating that the tenancy by the
entirety has been terminated.
Sec.
2. This Except as
otherwise provided in section 1, this
act shall be deemed to be declaratory of the common law as
heretofore existing in this state.
Enacting section 1. The changes made by this amendatory act
apply retroactively to January 1, 2006 and apply to cases pending
on or commenced after that date in the circuit court or an
appellate court in this state.