MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Judiciary A

By: Representative Lott, Cameron, Formby, Moore (60th), Robertson, Whittington

House Bill 1528

AN ACT TO AMEND SECTION 93-3-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PARENTS ARE NOT LIABLE FOR CONTRACTS OF MINORS UNLESS THEY AGREE IN WRITING; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 93-3-11, Mississippi Code of 1972, is amended as follows:

     93-3-11.  (1)  The disabilities of minority of any married minor having attained the age of eighteen (18) are hereby removed solely for the purpose of executing, signing, or acknowledging contracts of purchase or sale, deeds, promissory notes, deeds of trust or mortgages, other negotiable or nonnegotiable instruments, assignments, or other transfers, homestead declarations, or homestead exemption applications, or other legal documents pertaining solely to the property occupied or to be occupied as the actual place of residence of such married minors.  To assure validity and enforceability according to their terms of any legal documents executed by such married minors pursuant to this section, occupancy of, or intention to occupy, property as the place of residence of such married minors shall be conclusively presumed from the execution by them of such documents.  The removal of disabilities provided under this section shall be supplemental and cumulative of other laws, but shall not be construed so as to apply to any transaction other than transactions pertaining to the residences or intended residences of such minors.

     (2)  The parents of minors shall not be liable for contracts of the minors unless the parents agree in writing to be liable for such contracts.  The provisions of this subsection shall apply to married and unmarried minors.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2002.