Tenancies in Maine

Overview

Maine does not recognize tenancy by the entirety. It does recognize the other two forms of common law tenancy.

Tenancy by the Entirety

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"

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.

Cross-References

• Maine
• Tenancies