Property: other; community property act; revise gender-specific language. Amends secs. 3 & 4 of 1948 (1st Ex Sess) PA 39 (MCL 557.253 & 557.254). TIE BAR WITH: HJR F'25

2025-2026 Regular Session Introduced by Joey Andrews and 28 co-sponsors

HB 4626 modernizes the community property statute by replacing gendered language with gender-neutral terms while preserving existing rules and filing requirements.

bill electronically reproduced 06/10/2025

#civilrights:sexualorientationdiscrimination #property:other

Summary — HB 4626 (House Introduced Bill)

Title: Property: other; community property act; revise gender‑specific language. (Amends secs. 3 & 4 of 1948 (1st Ex Sess) PA 39 — MCL 557.253 & 557.254)
Introduced: March 12, 2025 (reproduced 06/10/2025)
Prime sponsor (most recent intro): Rep. Phil Skaggs
Referred to: Committee on Government Operations (6/10/2025)
Companion: SB 617
Tie bar: Enactment is contingent on a companion joint resolution (HJR F'25 / SJR request) becoming part of the Michigan Constitution.

Main purpose

HB 4626 updates two sections (3 and 4) of the state’s community property statute (the 1948 act that continued aspects of 1947 PA 317) to replace gender‑specific terminology (e.g., “husband and wife,” gendered pronouns) with gender‑neutral language (e.g., “spouses”). The bill is primarily a modernization/clarification of statutory text rather than a substantive change to property law.

Key provisions and changes

Amends MCL 557.253 and 557.254 (sections 3 and 4 of the 1948 community property act) to:

Replace gendered terms (“husband and wife,” “his or her,” etc.) with gender‑neutral terms such as “spouses” and equivalent neutral pronouns.
Preserve existing mechanics and deadlines in the statute, including the 1‑year rules and historical dates referenced in the statute (e.g., May 10, 1948 / May 9–10, 1949).
Retain procedural requirements for asserting community property status, including:
A written “notice of claim” describing property, executed as required for deeds.
Filing the notice with the register of deeds in the county of residence (or county of death if the spouse is deceased).
Filing duplicate originals in other counties if the property is located elsewhere.
Allowing authorized persons to file on behalf of parties under disability or otherwise unable to file.
Maintain the substantive effect that property which historically constituted community property under the 1947 Act continues to be treated as such unless the conveyance or title instrument expressly states otherwise, subject to the statutory notice/deadline rules.

Who is affected

Spouses (now referenced in gender‑neutral terms), heirs, devisees, legatees, distributees who have or claim interests in property that may have been characterized as community property under the historical 1947/1948 law.

County registers of deeds (administrative filings).

No new property rights or filing windows are created; the bill clarifies applicability and removes gendered language that could create ambiguity for same‑sex or differently‑gendered married couples.

Procedural / timeline notes

Filed March 12, 2025. Committee hearings and reports occurred in April–May 2025; bill was reproduced electronically 06/10/2025 and re‑introduced 06/10/2025 to Government Operations.

The bill contains an enacting clause specifying it does not take effect unless the related joint resolution (to amend the state constitution) becomes part of the Michigan Constitution — i.e., final effect is contingent on that constitutional measure.

Bill