Legal Question in Real Estate Law in Maine

Deed requirements

What is necessary to transfer real estate from one spouse to both as JTWROS in Maine? Can we use a quit claim deed or is a warranty deed required, and how many witnesses besides the notary? There is no mortgage. Does Maine require any special language or anything?


Asked on 4/11/08, 2:10 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Deed requirements

Beyond no mortgage, I assume there are no liens or other encumbrances on the real estate.

Maine statute at 33 mrs 761 sets forth example language for deeds in �short form,� including language for a warrantee deed, quitclaim deed with or without covenant, and a deed from a person to himself and another person as joint tenants, as in your case.

One witness is sufficient. A warranty deed is not required. You could use the short form quitclaim deed without covenant, as long as the spouse newly acquiring an interest is satisfied. The deed should be notarized and promptly recorded in the Registry of Deeds in the County in which the real estate is located. The recording will require a real estate transfer tax form, but the corresponding tax can be marked as exempt because the transfer is between spouses.

An attorney could review the current deed and discuss the process less generally.

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Answered on 4/15/08, 5:17 pm


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