LAND HELD AS TENANCY BY ENTIRETY
Act 126 of 1925
557.81 Sale of land held by entirety; survivorship of rights of vendor.
Sec. 1.
In all cases where a husband and wife shall sell land held as a tenancy by the entirety and accept in part payment for the purchase price the note or other obligation of said purchaser payable to said husband and wife, secured by a mortgage on said land payable to husband and wife, the said debt together with all interest thereon, unless otherwise expressly stated in said mortgage, after the death of either shall be payable to the survivor, and the title to said mortgage shall vest in the survivor, and in case a contract for the sale of property owned by the husband and wife as tenants by the entirety, is entered into by them as vendors, the same provisions herein applying to the rights of the survivor in mortgages as above set forth, shall apply to the survivor of the contract.
History: 1925, Act 126, Eff. Aug. 27, 1925 ;-- CL 1929, 13068 ;-- CL 1948, 557.81
Notes of Decisions
Kim v. Jpmorgan Chase Bank, Na (2012)
mich · cites it 2×
“”) (emphasis added); Title of 1925 PA 126 , MCL 557.81 et seq. (“An act to provide for the payment to the survivor of husband and wife, of land contracts, and of notes and other obligations secured by a mortgage, given as part of the purchase price of lands held as a tenancy by…”
DeYoung v. Mesler (1964)
mich · cites it 4×
“By statute, in 1927 our legislature provided that certain specified choses in action can be held by husband and wife "in the same manner and subject to the same restrictions, consequences and conditions as are incident to the ownership of real estate held jointly by husband and…”
Muskegon Lumber & Fuel Co. v. Johnson (1954)
mich
“Milanowski, 236 Mich 622 , we had occasion to construe PA 1925, No 126 (CL 1948, § 557.81 [Stat Ann § 26.191]). We there held that the above-act negatives any right of the husband to a determinable moiety in entirety property, and, in the-absence of fraud, his interest cannot be…”
Lappo v. Negus (1961)
mich
“” Cli 1948, § 557.81 (Stat Ann 1957 Rev § 26.191). Further, the mortgage given by the Lappos was made payable to “William I.”
Papp v. Brownlee (1960)
mich
“191]), provides that in case a contract íbr’the sale of property owned by husband and wife as tenants by the entirety is entered into by them as vendors, then all payments, together with interest, unless otherwise expressly stated in the contract, shall, áfter the death of…”
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