Marital Rights in Maine - Revision history

Davidjenkins: /* Joinder Language */

2018-07-16T02:59:08Z

‎Joinder Language

Davidjenkins at 19:02, 7 July 2018

2018-07-07T19:02:15Z

Davidjenkins: Redirected page to Marital Interests in Maine

2018-07-07T14:23:29Z

Redirected page to Marital Interests in Maine

New page

#REDIRECT [[Marital Interests in Maine]]

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 ===Joinder Language===
-: '''"[name] (wife or husband) of said Grantor, joins as Grantor and releases all rights by descent and all other rights"''' or similar language within the testimonium clause conveys any and all interests of the joining spouse to the property described in the deed or other instrument.
+: '''"[name] (wife or husband) of said Grantor, joins as Grantor and releases all rights by descent and all other rights"''' or similar language within the testimonium clause conveys any and all interests of the joining spouse to the property described in the deed or other instrument.  [http://legislature.maine.gov/statutes/33/title33sec772-A.html Me. Rev. Stat. tit. 33, § 772-A].
 ==Cross-References==
 * [[Maine]]

← Older revision		Revision as of 19:02, 7 July 2018
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−	~~#REDIRECT~~ [[~~Marital Interests~~ in Maine]]	+	==Overview==
		+	A non-titled spouse in Maine should join in a conveyance under two circumstances: (1) there is a pending divorce between the owners, and (2) the conveyance is not an arm's length transaction. A non-titled spouse does not need to join in a security instrument if it is a bona fide mortgage deed regardless of whether it is a purchase money mortgage or a refinance of an existing mortgage.
		+
		+	==Common Law==
		+	Curtesy and Dower have both been abolished in Maine.
		+
		+	==Community Property==
		+	N/A.
		+
		+	==Homestead==
		+	N/A.
		+
		+	==Statutory Rights==
		+	Maine recognizes statutory marital interests in real property for non-titled (nonowner) spouses under limited circumstances. The signature of a non-titled spouse is usually not required to convey title. [http://legislature.maine.gov/statutes/33/title33sec480.html Me. Rev. Stat. tit. 33, § 480]. A non-titled spousal signature is only required when there is a pending divorce or a non-bona-fide conveyance is being made during the marriage. [http://legislature.maine.gov/statutes/33/title33sec480.html Id]. The signature of a non-titled spouse is not required on any bona fide mortgage. [http://legislature.maine.gov/statutes/33/title33sec480.html Id].
		+
		+	===Joinder Language===
		+
		+	: '''"[name] (wife or husband) of said Grantor, joins as Grantor and releases all rights by descent and all other rights"''' or similar language within the testimonium clause conveys any and all interests of the joining spouse to the property described in the deed or other instrument.
		+	: [http://legislature.maine.gov/statutes/33/title33sec772-A.html Me. Rev. Stat. tit. 33, § 772-A].
		+
		+	==Cross-References==
		+	* [[Maine]]