Marital Rights

Standard Exception Topic

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.

Requirements

Standard Exception Subtopic

MARR01

STG

12/01/1995
V 1

Joinder of Spouse of Named Person

Any right or interest of the spouse, if any, of ____________. The spouse must join in the conveyance or mortgage.
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.

Standard Exception Subtopic

MARR02

STG

12/01/1995
V 1

Joinder of Spouse of Current Owner

Any right or interest of the spouse, if any, of the current owner. The spouse must join in the conveyance or mortgage.
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.

Standard Exception Subtopic

MARR03

STG

12/01/1995
V 1

Require Marital Status of Current Owner - Joind

The Company requires satisfactory evidence of the marital history and status of the record owner. If the owner is married, the Company requires the joinder of the spouse.
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.

Standard Exception Subtopic

MARR04

STG

12/01/1995
V 1

Require Marital Status of Current Owner - Joind

The Company requires satisfactory evidence of the marital history and status of the record owner. If the owner is married, the Company requires the joinder of the spouse or an affidavit from the spouse disclaiming the land.
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.

Standard Exception Subtopic

MARR05

STG

12/01/1995
V 1

Require Marital Status of Named Person - Joinde

The Company requires evidence of the marital history and status of ______________. If said person is married the Company requires the joinder of the spouse.
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.

Standard Exception Subtopic

MARR06

STG

12/01/1995
V 1

Require Marital Status of Named Person - Joinde

The Company requires evidence of the marital history and status of ______________. If said person is married the Company requires the joinder of the spouse or an affidavit from the spouse disclaiming the land.
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.

Standard Exception Subtopic

MARR07

STG

12/01/1995
V 1

Record Shows Owner is Married - Joinder in Conv

______________ joined in the execution of the instrument recorded _________________. The Company requires that person’s joinder in a conveyance to the proposed insured.
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.

Standard Exception Subtopic

MARR08

STG

12/01/1995
V 1

Record Shows Owner is Married - Joinder in Mort

______________ joined in the execution of the instrument recorded _________________. The Company requires that person’s joinder in a mortgage to the proposed insured.
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.

Standard Exception Subtopic

MARR09

STG

12/01/1995
V 1

Name Change Because of Divorce; Require Copy of

If, because of divorce or dissolution of marriage, _____________ is now known as _________, the proposed documents must be executed by ___________, formerly known as _____________. The Company requires for its review satisfactory documentation evidencing the divorce or dissolution of marriage. At that time, the Company may make additional requirements or exceptions.
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.

Standard Exception Subtopic

MARR10

STG

12/01/1995
V 1

Name Change Because of Marriage

If, because of marriage, __________ is now known as __________, the proposed documents must recite the current and former name, and that person’s spouse must join in the proposed documents.
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.

Exceptions

Standard Exception Subtopic

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.

Standard Exception Subtopic

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.

Standard Exception Subtopic

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.

Standard Exception Subtopic

MARX04

STG

12/01/1995
V 1

Community Rights

The community interest of the spouse of the owner.
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