Legal Question in Real Estate Law in Maine

Re: Removing name from deed

Hi and Thanks for Writing -

My name is Len Foy, and I am affiliated with a title company in New Hampshire, AppleTree Title & Closing LLC (Gould & Gould for Massachusetts transactions). I gather from your inquiry that you and your husband are located in Mass but that the property in question is located in Maine.

AppleTree Title handles real estate transactions in Maine, New Hampshire and Massachusetts, we prepare and record deeds in every county in those three states. If you'd like me to help you prepare the deed, and record it, call AppleTree Title at (603) 434-9910, just ask for "Len Foy." Or you can send me an email at [email protected].

Regards and Good Luck -

Len Foy

Re: Removing name from deed

You would need to have a new deed drafted conveying the property from your husband and yourself to just you. I assume you are currently holding title as husband and wife, tenants by the entirety. Both of you would sign the new deed in the prescence of a notary public. The new deed would be recorded at the Registry of Deeds in the County where the property is located.

Re: Removing name from deed

You draft a new deed to place the property in your name. The deed should note some nominal consideration and be filed with the appropriate Registry of Deeds. The new deed is easily drafted and recorded by an attorney with some real estate experience.

Re: Removing name from deed

I note that there are 2 Replies registered to your question from learned counsel in Boston. I assume that you are living in Massachusetts but the real estate is located in Maine. Although I generally concurr with other Replies, Maine would only require that the husband convey a quitclaim or warranty deed to you, to be recorded in the appropriate registry. Keep in mind that if a mortgage exists on the property to secure a promissory note, this action will not remove him from liability of the debt.