DUers--I'm dealing with a deed research thing and am curious about a situation. Opinions wanted.

[WritingIsMyReligion]

On a deed I have from quite recently (1980's), the language for the (female) Grantor says that she is giving up "My one-half (1/2) interest in common and undivided in and to a certain lot or parcel of land..." The (male) Grantee of the deed shares her last name. Also, later the deed refers to the history of the property, and mentions that the property was deeded to the Grantor and Grantee--by a man whose last name is the same as the Grantor's middle name--"as joint tenants" about ten years previous to the execution of this particular deed.

Now, here's where I want your opinion. I believe that she was divorcing her husband at the time, and the "1/2 interest" language suggests that the Grantor was indeed relinquishing her claims on this property to her STBE. The fact that they received the property "as joint tenants" also seems to support the idea that they were indeed married at least at one point in time. Does that seem to work? I've obviously never personally dealt with deeds or with divorces before.

Also, regarding the man who deeded the property to the Grantor and Grantee--many women who change their name make their maiden name their middle name afterwards, don't they? I think the man who originally deeded the property was the Grantor's father, see, as his last name (her maiden name, should I be correct) is listed as her middle name.

:hi:

On Edit: Reworded clunky subject line.

[flvegan]

1. You're half right.

Sounds like a divorce. Should be an "undivided 1/2 interest" in the property. Depending upon the state, it may or may not mean they were married at the time they took title. "Joint tenants" doesn't mean married (depending upon the state). It's usually referred to as "tenants by the entireties" for married folk.

[WritingIsMyReligion]

2. Thank you.

I suppose the "married" part was a bit presumptuous, but indeed they must have owned the property jointly before this. Also the fact that the Grantor was of "Town X" (a different town than the one the property was located in) as of the deed's execution while the Grantee was of the actual property being deeded over made me suspect a divorce.

[flvegan]

3. For example:

Let's say you and a partner (brother, sister, boyfriend, etc...anyone you aren't married to) buy a piece of real property. You'll vest title as joint tenants. Many folks in this situation choose a "rights of survivorship" in the vesting (if one dies, the entire property vests in the remaining vesting person, without Probate).

The "1/2" screams divorce, even though, again, it should be an undivided 1/2 interest (depending upon the state, again). Also, the grantor on this should be including their current marital status, or there should be a reference to the divorce proceedings. A title examiner should be able to piece this all back together in the future.

I do real property title for a living.

[WritingIsMyReligion]

4. This is Maine we're talking about.

I am a little curious because it does not mention "divorce" explicitly in the deed. It does say after the Grantor's name "being unmarried," as in "I, FIRST LAST (GRANTOR), a/k/a FIRST MIDDLE LAST (GRANTOR), of Town X.....being unmarried..." The a/k/a there, specifying the middle name, makes me suspect that the Grantor was going to go back to her maiden name after the divorce, and wanted it down on the record for later.

This is really irritating, because I am quite sure that this woman, whom my family knew, was indeed divorced or being divorced at the time from this man.