Do married couples in Maine hold property as tenants in common by default?

Full question:

I was recently told that, in the State of Maine, a married couple owning property together, with both of their names appearing on the deed, holds that property as a tenancy in common rather than a joint tenancy unless the deed specifically states that they hold the property as joint tenants. Is this true?

• Category: Real Property
• Date: 04/07/2025
• State: Maine

Answer:

In Maine, the law generally favors the creation of tenancies in common unless the deed explicitly states that the property is held as joint tenants. According to Maine statutes, conveyances to two or more persons create estates in common unless otherwise expressed. This means that if a married couple's deed does not specify joint tenancy, they are considered tenants in common (R.S., 1954, Chap. 168, Sec. 13).

The case Palmer v. Flint illustrates this principle. It determined that the intention to create a joint tenancy must be clearly expressed in the deed. The court held that if the language in the deed indicates a joint tenancy, it will be upheld, even if it conflicts with technical rules of construction. The court emphasized that the intent of the parties takes precedence over strict legal interpretations.

Thus, for a married couple in Maine to hold property as joint tenants, the deed must explicitly state that intention. If it does not, they will hold the property as tenants in common.