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A Maine associate broker is representing buyers who are purchasing a waterfront property near Rangeley Lake. The married couple asks the broker how Maine law treats a deed conveying property to them 'as tenants by the entirety.' Which of the following statements is most accurate under Maine law?

Correct Answer

B) Maine does not recognize tenancy by the entirety as a distinct estate; a conveyance using that language creates a joint tenancy with right of survivorship

Under 33 M.R.S. § 159, Maine does not recognize tenancy by the entirety as a distinct form of co-ownership; a conveyance to spouses 'as tenants by the entirety' is treated as creating a joint tenancy with right of survivorship.

Answer Options
A
Maine recognizes tenancy by the entirety as a distinct estate that cannot be severed unilaterally and protects against the individual debts of either spouse
B
Maine does not recognize tenancy by the entirety as a distinct estate; a conveyance using that language creates a joint tenancy with right of survivorship
C
Tenancy by the entirety language in Maine creates a tenancy in common between the spouses, with no right of survivorship
D
Maine recognizes tenancy by the entirety only when the deed expressly waives the right of either spouse to convey their interest

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Related Topics & Key Terms

Key Terms:

tenancy_by_entiretyjoint_tenancymarried_spousescreditor_protectionseverancewaterfront_propertyassociate_broker

Related Concepts

A freehold estate represents ownership of real property with an indefinite duration.

Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.

A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.

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