Legal Question in Wills and Trusts in Maine
To Tell The Truth
I am gay and have been with my partner for eight years, my question is he and his ex-partner before me bought a house and both there names are on the deed , in the event that something should happen his ex-partner says that the deed has a right to survivorship clause, and that he would have full claim to the property, is this true, I am in my partners will, in case something happens, and he says that I will retain his half of the property, who is telling the truth. What options if any do I have to protect my interests
Thank You for your time !
1 Answer from Attorneys
Re: To Tell The Truth
The issue cannot be resolved without reviewing the actual deed. It is likely recorded in the County Registry of Deeds. It is public information. The simpliest way to review it may be to contact the town tax assessor and ask what the book/page reference they on file for the deed, then take that information and go to the County Registry of Deeds and ask for a copy. If the Deed recites your partner and his ex as "joint tenants with the right of survivorship" then it will revert to the ex, regardless of what your partner's Will may state, but if the deed recites to them " as tenants in common" then your partner's portion would pass through his Will. To be fair, they both may think they are telling the truth, but one of them is not properly remembering this specific detail.
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