MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Judiciary A

By: Representative Reynolds

House Bill 379

(As Passed the House)

AN ACT 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.  (1)  When a person conveys an interest in property to two (2) 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, 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.

     (2)  The provisions of this act shall not be applicable to any conveyances that occurred before July 1, 2022.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2022.