Vermont Attorneys Title Corporation

• Vermont Title Standards Index ›

  • 1.1 The Role of the Examining Attorney
  • 1.2 The Examining Attorney's Attitude
  • 1.3 Definition of Marketable Title
  • 1.4 Reference to Title Standards in Real Estate Sales Contract
  • 2.1 Period of Search
  • 2.2 The Concept of the Chain of Title and its Relationship of the Rule of Record Notice and the Scope of the Title Searcher's Obligation
  • 2.3 Effect of Recording Instruments Claiming an Interest in Real Estate
  • 2.4 Wild Instruments: Instruments by Strangers to the Record Chain of Title
  • 2.4A After Acquired Property
  • 2.5 Priority of Conveyances
  • 2.6 Time When a Conveyance is Considered as Properly "Recorded"
  • 2.7 Record of Expired Leases or Expired Interests
  • 4.1 Limitation on the Use by Grantor of Corrective Deeds
  • 6.1 Grantors
  • 6.2 Majority
  • 6.3 Mental Capacity
  • 6.4 Marital Interests
  • 6.5 Powers of Attorney
  • 7.1 Grantees
  • 8.1 Name Variances
  • 9.1 Execution, Witnessing and Acknowledgement
  • 11.1 Delivery
  • 13.1 Conveyance by Heirs' Deed
  • 13.2 Conveyance by Devisees in Lieu of Probate Administration
  • 13.3 Omitted Real Estate or Faulty Description of Closed Estate
  • 13.4 Conveyance by Trustee of a Non-Probate Trust
  • 14.1 Conveyance to Two or More Persons
  • 18.1 Federal Special Gift Tax Lien
  • 18.2 Irregularities and Discrepancies in Discharges of Mortgage and other Documents
  • 18.3 Discharges of Corrected, Re-Recorded, or Modified Mortgages
  • 18.4 Effect of Failure to Discharge Assignments of Leases and/or Rent, Riders or Financing Statements
  • 18.5 Discharges Involving Mortgage Electronic Registration System (MERS)
  • 20.1 Presumptions Applicable to Corporate Conveyances
  • 22.1 Limited Liability Companies
  • 23.1 Federal General Tax Lien
  • 24.1 Federal Special Estate Tax Lien
  • 25.1 Federal Gift Tax Lien
  • 27.1 Vermont Estate Tax Lien
  • 28.1 Establishing Marketable Title To Interests In Real Property Owned By Failed Financial Institutions
  • 28.2 Title of the Receiver of a Failed Financial Institution to the Assets of That Institution
  • 28.3 Title of the Immediate Transferee of the Receiver of a Failed Financial Institution
  • 28.4 Marketability of Title In a Real Estate Interest of a Failed Financial Institution for Which No Conveyance, Transfer or Assignment Appears of Record Prior to the Dissolution of the Bridge Institution Which Had Continued The Business of the Failed Institution
  • 28.5 Discharges, Partial Releases, Assignments and Foreclosure of Mortgages of a Failed Institution By a Transferee of the Receiver For Such Failed Institution

STANDARD 6.4

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MARITAL INTERESTS

In the absence of actual knowledge or constructive notice derived from properly indexed instruments in the chain of title to the contrary, a title examiner may presume that an individual grantor identified in a recorded deed was unmarried and not a partner to a civil union at the time of the conveyance.

If the grantor took title with a spouse or a partner to a civil union, a title examiner may presume the spouse or partner to a civil union to be deceased if (a) the deed contains a recitation to that effect and has been recorded for not less than fifteen (15) years with the clerk of the town where the real property is located; or (b) a death or burial certificate or decree issued by a court having competent jurisdiction, or other proof of death establishing the grantor's status as widowed, has been recorded or is available for filing with the clerk of the town where the real property is located.

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Comment 1. If the grantor is married or is a partner to a civil union, the property may be subject to a claim of the spouse or other partner to the civil union. See Title 27 V.S.A. §101 et seq., as to homestead rights. Section 141(a) renders a conveyance of a homestead property without execution by both spouses “inoperative”. The former rule that a deed to a homestead property, executed by only one spouse, is void was abandoned. Such a conveyance is inoperative with respect to the spouse who did not join in the conveyance and may be set aside by that spouse unless the homestead interest is otherwise extinguished. See, Estate of Girard v. Laird, 159 Vt. 508 (1993), overruling the holding in Martin v. Harrington, 73 Vt. 193 (1901). See Title 14 V.S.A. §461 et seq., as to “dower” and “curtesy” rights of a surviving spouse.

Comment 2. The statutory presumption of the creation of a tenancy in common does not apply to conveyances to a husband and wife or to partners to a civil union where the presumption exists that a tenancy by the entirety is created. See 27 V.S.A. §2.

Comment 3. See Title 27 V.S.A. §349 and Act 91 of the Vermont Legislature, 1999 Adjourned Session (Civil Union Bill), for the rules governing conveyances between (1) Husband and wife; (2) Partners to a civil union; and (3) Spouses/partners to a civil union and one or more other persons.

History

March 29, 2000 Restated the language defining “knowledge” as being actual knowledge or constructive notice derived from properly indexed instruments in the chain of title. This concept is used in the first clause of Standards 6.2, 6.3, 6.4 and 6.5 Insert clause re leading phrase.

August 1, 2000 Added references to the existence of Civil Unions under Act 91 of the Vermont Legislature, 1999 Adjourned Session.

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