Property tax: other; act regarding the right to manage and contract entireties property; revise gender-specific language. Amends title & sec. 1 of 1975 PA 288 (MCL 557.71). TIE BAR WITH: HJR F'25

2025-2026 Regular Session Introduced by Julie Brixie and 23 co-sponsors

Replaces gendered language with gender-neutral terms so spouses equally own and manage property held as tenants by the entirety.

bill electronically reproduced 06/10/2025

#civilrights:sexualorientationdiscrimination #propertytax:other

Main purpose

HB 4611 modernizes and neutralizes gendered language in a 1975 Michigan statute (1975 PA 288, MCL 557.71) that governs the income and management rights of married persons holding property as tenants by the entirety. The bill replaces the phrase “husband and wife” with gender‑neutral language (“spouses”) to clarify that both spouses—regardless of gender—have equal entitlement to rents, products, income, profits, and management/control of entireties property.

Key provisions

Amends the title and section 1 of 1975 PA 288 (MCL 557.71).

Replaces gender‑specific wording (“A husband and wife shall be…”) with gender‑neutral wording (“Spouses are equally entitled to…”) regarding:

entitlement to rents, products, income, or profits from property held as tenants by the entirety; and
control and management of real or personal property held as tenants by the entirety.

Includes an enactment clause making the statutory amendment contingent on a specified state constitutional amendment (see “Tie‑bar / Effective date” below).

Who is affected

Married couples who hold real or personal property in Michigan as tenants by the entirety (including same‑sex spouses).

Title companies, real estate attorneys, estate planners, courts, and state/local property tax and recording officials who apply or interpret entireties property law.

Potentially reduces ambiguity or legal challenges related to equal property rights for spouses of the same sex.

Tie‑bar / Effective date

The bill includes an enacting section stating it does not take effect unless a companion constitutional amendment (Senate Joint Resolution S00781'25 or House Joint Resolution F of the 103rd Legislature) becomes part of the Michigan Constitution as provided in Article XII, §1.

In short, the statutory change is contingent on successful adoption of the linked constitutional amendment.

Procedural status (selected)

Filed: March 12, 2025.

Committee activity and hearings occurred in April 2025; reported favorably.

Passed the House (reported 5/14/2025 with recorded votes and engrossment).

Bill electronically reproduced 06/10/2025; introduced/entered again June 10, 2025 and referred to Committee on Government Operations. (Records show multiple committee references — Human Services / Health & Human Services / Government Operations — as part of the bill’s legislative progression.)

Policy and fiscal considerations

Substantively clarifies and modernizes statutory language to be inclusive of same‑sex spouses; aligns statutory text with post‑Obergefell legal landscape.

No fiscal impact or appropriations are specified in the bill text; likely minimal direct fiscal effect on state government.

Legal effect is primarily clarificatory and may reduce litigation or administrative ambiguity concerning entireties property rights.

For reference: amends 1975 PA 288 (MCL 557.71); tie‑bar to HJR F'25 / S00781'25.

Bill