STANDARD NO. 309

 

PROBLEM:

If a conveyance is acknowledged solely by the spouse of the grantor who executes the deed only for the purpose of releasing marital rights, should the examiner require a further acknowledgment by the grantor?

RECOMMENDATION:

Yes, unless executed prior to the validation date specified in the last validation act.

DISCUSSION:

The examiner should rely upon the validation statute, 33 M.R.S.A. §352, for all specified prior irregularities, provided that no conflicting interest was created prior to such validation date.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

First adopted August 25, 1960; amended June 19, 1975 and December 7, 1983. Formerly Title Standard No. 31.

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