SF0091 • 2023

Creation of tenancy by the entirety.

AN ACT relating to property, conveyances and security transactions; amending requirements to establish a joint tenancy or a tenancy by the entirety as specified; specifying applicability; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Senator Nethercott
Last action: 2023-02-27
Official status: enrolled
Effective date: 7/1/2023

Plain English Breakdown

The bill summary and text do not provide specific details about the impact on real estate transactions or legal documents beyond the changes to deed requirements.

Creating Tenancy by the Entirety

This law changes how property ownership is recorded to establish a tenancy by the entirety when spouses are listed as 'husband and wife' or similar terms on deeds.

What This Bill Does

Changes the way property can be owned jointly or entirely between spouses in Wyoming.
Requires that if a deed lists people as 'husband and wife', 'spouses' or similar language, they are considered to have a tenancy by the entirety unless another form of ownership is specified.

Who It Names or Affects

Married couples who want to buy or transfer property in Wyoming.
People involved in real estate transactions and legal documents in Wyoming.

Terms To Know

Tenancy by the Entirety: A type of joint ownership where a married couple owns property together with certain rights, like protection from creditors.
Joint Tenancy: When two or more people own property equally and each has the right to leave their share to someone else in their will.

Limits and Unknowns

The law only affects how property ownership is recorded, not other laws about marriage or property rights.
It does not change existing rules for married couples who already own property together.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0091H3001

3rd reading • Representative Crago

Adopted

Plain English: The amendment clarifies that the bill is not intended to make any substantive changes to existing Wyoming law or affect the validity of rules and regulations made before the bill's effective date.

Adds a new section stating that the act does not intend to change existing laws, powers, duties, authorities, obligations, administration, confidentiality, remedies, or statutes of limitation.
Inserts language clarifying that the act is intended as a clarification and does not affect the validity of any rule or regulation promulgated before its effective date.

The amendment text focuses on clarifications rather than concrete changes to laws, making it difficult to describe specific impacts beyond stating what it intends not to do.

SF0091HW001

Committee of the Whole • Representative Chestek

Adopted

Plain English: The amendment changes how a joint tenancy or tenancy by the entirety is established in property deeds.

Adds language to specify that unless a deed states otherwise, it will be assumed to create a joint tenancy or tenancy by the entirety.
Replaces the word 'sufficient' with 'deemed' on page 2, line 8.

The amendment's text is brief and technical, so its full implications for property law are not entirely clear without additional context.

Bill History

2023-02-27 LSO
Assigned Chapter Number 97
2023-02-27 Governor
Governor Signed SEA No. 0052
2023-02-22 House
H Speaker Signed SEA No. 0052
2023-02-22 Senate
S President Signed SEA No. 0052
2023-02-22 LSO
Assigned Number SEA No. 0052
2023-02-22 Senate
S Concur:Passed 31-0-0-0-0
2023-02-16 Senate
S Received for Concurrence
2023-02-16 House
H 3rd Reading:Passed 62-0-0-0-0
2023-02-15 House
H 2nd Reading:Passed
2023-02-14 House
H COW:Passed
2023-02-13 House
H Placed on General File
2023-02-13 House
H01 - Judiciary:Recommend Do Pass 9-0-0-0-0
2023-02-10 House
H Introduced and Referred to H01 - Judiciary
2023-01-20 House
H Received for Introduction
2023-01-20 Senate
S 3rd Reading:Passed 31-0-0-0-0
2023-01-19 Senate
S 2nd Reading:Passed
2023-01-18 Senate
S COW:Passed
2023-01-18 Senate
S Placed on General File
2023-01-18 Senate
S01 - Judiciary:Recommend Do Pass 5-0-0-0-0
2023-01-11 Senate
S Introduced and Referred to S01 - Judiciary
2023-01-10 Senate
S Received for Introduction
2023-01-10 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 23LSO-0544
Bill No.:

SF0091

Effective:

7/1/2023

LSO No.:

23LSO-0544

Enrolled Act No.:

SEA No. 0052

Chapter No.:

97

Prime Sponsor:

Nethercott

Catch Title:

Creation of tenancy by the entirety.

Subject:

Tenancy by the entirety - presumption.

Summary/Major Elements:

This bill provides that the designation of tenants on an instrument of conveyance or transfer of real property as "husband and wife", "spouses" or similar language shall be deemed to establish a tenancy by the entirety unless another form of tenancy is specified.

The bill further provides that its provisions are intended to clarify existing Wyoming law, and not to make any substantive change.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

23LSO-0544

ORIGINAL Senate

ENGROSSED
File No
.
SF0091

ENROLLED ACT NO. 52,

SENATE

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 34
‑
1
‑
140 is amended to read:

34
‑
1
‑
140.

Establishing joint tenancy or tenancy by entirety in real or personal property.

(a)

A joint tenancy or a tenancy by the entirety as to any interest in real or personal property may be established by the owner thereof, by designating in the instrument of conveyance or transfer, the names of such joint tenants or tenants by the entirety, including his own, without the necessity of any transfer or conveyance to or through a third person.

(b)

Unless the deed specifies another form of ownership, the designation of tenants on an instrument of conveyance or transfer of real property as "husband and wife," "spouses" or similar language, shall be deemed to establish a tenancy by the entirety under subsection (a) of this section.

Section 2.

This act is intended as a clarification of existing Wyoming law. The Wyoming legislature intends to make no substantive change to prior law including, but not limited to, powers, duties, authorities, obligations, administration, confidentiality, remedies or statutes of limitation. This act is not intended to affect the validity of any rule or regulation promulgated prior to the effective date of this act.

Section 3
.

This act is effective July 1, 2023
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk