House Bill 1234

AN ACT TO AMEND SECTION 89-1-7, MISSISSIPPI CODE OF 1972, 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 SHALL BE CONSTRUED TO BE A TENANCY BY THE ENTIRETY 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. Section 89-1-7, Mississippi Code of 1972, is amended as follows:

89-1-7. (1) All conveyances or devises of land made to two (2) or more persons, * * *~~including~~ excluding conveyances or devises to a husband and wife if such conveyance or devise of land is used as their primary residence, shall be construed to create estates in common and not in joint tenancy or entirety, unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy or entirety with the right of survivorship. But an estate in joint tenancy or entirety with right of survivorship may be created by such conveyance from the owner or owners to himself, themselves or others, or to himself, themselves and others.

An estate in joint tenancy or entirety with right of survivorship between spouses may be terminated by deed of one spouse to the other without necessity of joinder of the grantee spouse and without regard to whether the property constitutes any part of the homestead of the spouses.

(2) After the effective date of this act, when a person conveys an interest in property to two persons 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 shall be construed as tenancy by the entirety with the right of survivorship, unless there are specific provisions provided for in the deed to the contrary.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.