Marital Rights
Underwriting Manuals
- 1.64 Antenuptial Agreements
- 3.32 Community Property
- 3.96 Curtesy
- 8.08 Homesteads
- 8.16 Husband And Wife
- 10.00 Joint Tenancies
- 19.08 Tenancies By The Entireties
- 19.12 Tenancy In Common
Standard Exceptions
- No references available.
Bulletins
- No references available.
Forms
- No references available.
Table of Contents
MAR
Marital Rights
Marital rights must be addressed in exceptions in Owner’s Policies (where those rights, such as community property rights, exist) and in requirements for conveyances or mortgages.
Exceptions
MARX01
ALTA
12/01/1995
V
1
Homestead Declaration
A declaration of homestead, executed by ________________, recorded ________________.
Comment: In some states, a recorded declaration will prevent attachment of judgment liens.
Comment: In some states, a recorded declaration will prevent attachment of judgment liens.
See Underwriting Manual
MARX02
ALTA
12/01/1995
V
1
Possible Community Rights
Any right, title or interest of the spouse (if any) of any married vestee herein.
Comment: Some states recognize community property rights; consequently, the spouse may have those rights in land acquired by the insured and an exception is necessary in the Owner’s Policy if the title is not insured as vested in both spouses.
Comment: Some states recognize community property rights; consequently, the spouse may have those rights in land acquired by the insured and an exception is necessary in the Owner’s Policy if the title is not insured as vested in both spouses.
See Underwriting Manual
MARX03
ALTA
12/01/1995
V
1
Possible Community Rights Disclosed by Joinder
Any right, title or interest of ____________, as disclosed by his/her joinder in the document recorded _____________.
Comment: The Company may require joinder of a spouse of a current or prior owner or purchaser because of various marital rights: community; curtesy, dower, or other survivorship rights; homesteads; or joint tenancies or tenancies by entireties.
Comment: The Company may require joinder of a spouse of a current or prior owner or purchaser because of various marital rights: community; curtesy, dower, or other survivorship rights; homesteads; or joint tenancies or tenancies by entireties.