Tenancies in Maine
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Contents
Overview
Maine does not recognized 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 is the default manner in which two or more grantees take title unless otherwise stated.Id.
