Affidavit of Continuous Marriage

Access_Title_Agency_continuous_marriageTitle commitments will frequently contain a requirement for an affidavit of continuous marriage….why?

 

The affidavits may be used to demonstrate that the title was continuously held as tenants by the entirety to assure the Underwriter that the ownership was not broken. A break in the ownership through divorce, death or deed may allow certain liens or judgments against one spouse to attach to the marital property held by both.

Another reason for the use may be in the instance when one spouse is deceased. The affidavit aids in assuring the Underwriter that the rights to the property of the deceased spouse automatically transfer to the remaining spouse.

Note: No legal advice or suggestions are being given.

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