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.

Exception

MARX01 ALTA

Homestead Declaration

A declaration of homestead, executed by ________________, recorded ________________.
Comment: In some states, a recorded declaration will prevent attachment of judgment liens.

MARX02 ALTA

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.

See Underwriting Manual

MARX03 ALTA

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.