Difference between revisions of "Marital Rights in Maine"
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| − | + | ==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]] | ||
Revision as of 11:02, 7 July 2018
Contents
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. 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. Id. The signature of a non-titled spouse is not required on any bona fide mortgage. 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.
- Me. Rev. Stat. tit. 33, § 772-A.
