House Bill 290

AN ACT TO AMEND SECTION 93-19-13, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF ANY PERSON AGE 18 YEARS OR OLDER TO ENTER INTO A BINDING CONTRACTUAL RELATIONSHIP TO CONVEY AND/OR ENCUMBER PERSONAL PROPERTY, MORTGAGES AND REAL PROPERTY; TO BRING FORWARD SECTION 93-19-1, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES A CHANCERY COURT IN WHICH A MINOR RESIDES TO REMOVE DISABILITY OF A MINOR, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 93-19-13, Mississippi Code of 1972, is amended as follows:

93-19-13. (1) All persons eighteen (18) years of age or older, if not otherwise disqualified, or prohibited by law, shall have the capacity to enter into binding contractual relationships affecting personal property, mortgages and real property and to convey and/or encumber personal property, mortgages and real property. In addition, all persons eighteen (18) years of age or older shall have the capacity to enter into binding contractual relationships for the purpose of investing in mutual funds, stocks, bonds and any other publicly traded equities. Nothing in this section shall be construed to affect any contracts entered into prior to July 1, 1976.

(2) Any person who, upon attaining eighteen (18) years of age, but not having reached the age of majority, if not otherwise disqualified or prohibited by law, shall have the capacity to enter into binding agreements to lease real property to be occupied by the person as the actual place of residence, and to secure the necessary utility services necessary to make such place of residence habitable, including, but not limited to, electricity, natural gas, propane, water, sewage, garbage disposal and Internet services.

(3) In any legal action founded on a contract entered into by a person eighteen (18) years of age or older, the said person may sue in his own name as an adult and be sued in his own name as an adult and be served with process as an adult.

SECTION 2. Section 93-19-1, Mississippi Code of 1972, is brought forward as follows:

93-19-1. The chancery court of the county in which a minor resides, or the chancery court of a county in which a resident minor owns real estate in matters pertaining to such real estate, may remove the disability of minority of such minor. In cases of married minors, the residence of the husband shall be the residence of the parties. The chancery court of a county in which a nonresident minor of the State of Mississippi owns real estate or any interest in real estate may remove the disability of minority of such minor as to such real estate, so as to enable said minor to do and perform all acts with reference to such real estate, to sell and convey, to mortgage, to lease, and to make deeds of trust and contracts, including promissory notes, concerning said real estate, or any interest therein which may be owned by such minor, as fully and effectively as if said minor were eighteen (18) years of age. The jurisdiction thus exercised shall be that of a court of general equity jurisdiction, and all presumptions in favor of that adjudged shall be accorded at all times.

SECTION 3. This act shall take effect and be in force from and after July 1, 2025.