Difference between revisions of "Tenancies in Maine"
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==Overview== | ==Overview== | ||
| − | Maine does not | + | Maine does not recognize tenancy by the entirety. It does recognize the other two primary forms of common law tenancy. |
==Tenancy by the Entirety== | ==Tenancy by the Entirety== | ||
| + | N/A. | ||
| + | ===Creation Language=== | ||
N/A. | N/A. | ||
==Joint Tenancy with Right of Survivorship== | ==Joint Tenancy with Right of Survivorship== | ||
| − | Joint Tenancy with Right of Survivorship is recognized in Maine, but the intent to create such a tenancy must be expressly stated in the deed or other document creating the interest. | + | Joint Tenancy with Right of Survivorship is recognized in Maine, but the intent to create such a tenancy must be expressly stated in the deed or other document creating the interest. [http://legislature.maine.gov/statutes/33/title33sec159.html Title 33 §159] |
| + | |||
| + | ===Creation Language=== | ||
| + | [http://legislature.maine.gov/statutes/33/title33sec159.html Title 33 §159] gives the following examples as language in a deed sufficient to create a joint tenancy with right of survivorship: | ||
| + | * "as joint tenants" | ||
| + | * "in joint tenancy" | ||
| + | * "as joint tenants with rights of survivorship" | ||
| + | * "with rights of survivorship" | ||
| + | * "to them and to the survivor of them" | ||
| + | * "to them and their assigns and to the survivor and the heirs and assigns of the survivor forever" | ||
| + | * "as tenants by the entirety" (NOTE: This is done inadvertently, but it taken by the courts to indicate the intent to create a joint tenancy when done between unmarried individuals) | ||
==Tenancy in Common== | ==Tenancy in Common== | ||
| − | Tenancy in Common is recognized in Maine as | + | Tenancy in Common is recognized in Maine as the default manner in which two or more grantees take title unless otherwise stated. [http://legislature.maine.gov/statutes/33/title33sec159.html Id]. |
| + | |||
| + | ==Others== | ||
| + | N/A. | ||
==Cross-References== | ==Cross-References== | ||
* [[Maine]] | * [[Maine]] | ||
| + | * [[Tenancies]] | ||
Latest revision as of 17:57, 15 July 2018
Contents
Overview
Maine does not recognize tenancy by the entirety. It does recognize the other two primary forms of common law tenancy.
Tenancy by the Entirety
N/A.
Creation Language
N/A.
Joint Tenancy with Right of Survivorship
Joint Tenancy with Right of Survivorship is recognized in Maine, but the intent to create such a tenancy must be expressly stated in the deed or other document creating the interest. Title 33 §159
Creation Language
Title 33 §159 gives the following examples as language in a deed sufficient to create a joint tenancy with right of survivorship:
- "as joint tenants"
- "in joint tenancy"
- "as joint tenants with rights of survivorship"
- "with rights of survivorship"
- "to them and to the survivor of them"
- "to them and their assigns and to the survivor and the heirs and assigns of the survivor forever"
- "as tenants by the entirety" (NOTE: This is done inadvertently, but it taken by the courts to indicate the intent to create a joint tenancy when done between unmarried individuals)
Tenancy in Common
Tenancy in Common is recognized in Maine as the default manner in which two or more grantees take title unless otherwise stated. Id.
Others
N/A.
