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AR HB1145

Bill

Status

Introduced

1/10/2017

Primary Sponsor

Charlotte Douglas

Click for details

Origin

House of Representatives

91st General Assembly (2017 Regular)

AI Summary

  • Amends Arkansas Code § 18-12-106 to establish four conditions under which a joint tenancy with right of survivorship can be legally severed: the severance instrument must be recorded with the county recorder before the severing tenant's death, executed by all joint tenants, ordered by a court of competent jurisdiction, or effected through a joint tenant's bankruptcy.

  • Eliminates the common law right allowing a single joint tenant to unilaterally sever a joint tenancy by conveying their interest without consent or knowledge of other joint tenants.

  • Declares an emergency exists because joint tenancies are being severed daily without the consent or knowledge of co-tenants who rely on survivorship rights, citing harm to the financial and emotional wellbeing of remaining joint tenants.

  • Provides for immediate effective date upon governor's approval, expiration of veto period without action, or veto override by both houses.

Legislative Description

To Restrict A Joint Tenant's Ability To Sever A Joint Tenancy With Right Of Survivorship In Real Property; And To Declare An Emergency.

Last Action

Died in the House at Sine Die

5/1/2017

Committee Referrals

Insurance and Commerce1/10/2017

Full Bill Text

No bill text available