Loading chat...
AR HB1145
Bill
Status
1/10/2017
Primary Sponsor
Charlotte Douglas
Click for details
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