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Real estate conveyances in Maine are governed primarily by Title 33 of the Maine Revised Statutes. Maine law permits an owner of real estate, whether in actual possession or not, to convey the property or any interest in it by written deed that is properly acknowledged and recorded in the county where the property is located (33 M.R.S. § 151).

Spousal and Marital Interests

Maine allows an owner to convey real estate free from claims of a non-owner spouse without that spouse’s signature, except in specific statutory circumstances. A non-owner spouse’s signature may be required if statutory elective share or divorce-related claims apply, or if the spouse has filed a claim in the registry of deeds (33 M.R.S.; 18-A M.R.S.; 19-A M.R.S. § 953). Because marital claims can affect marketable title, careful attention to spousal status is important when preparing a deed.

Ownership and Forms of Conveyance

Maine provides statutory short-form deeds (33 M.R.S. § 775), which may be used and modified as circumstances require. The statutory forms do not prohibit the use of other deed forms. Warranty deeds and quitclaim deeds are commonly used.

A conveyance to two or more persons creates a tenancy in common unless the deed expresses a different intention, such as joint tenancy with right of survivorship (33 M.R.S. § 159). Maine also permits aliens to acquire, hold, convey, and devise real estate in the same manner as citizens (33 M.R.S. § 451).

Execution and Acknowledgment

A deed must be acknowledged before it can be recorded. Acknowledgment may be taken before a notary public in Maine, an attorney at law in Maine, or a clerk of a court of record having a seal (33 M.R.S. § 203). An acknowledgment conforming to the Uniform Recognition of Acknowledgments Act (4 M.R.S. § 1011) is also acceptable.

When presenting a deed for recording, the instrument must contain the grantee’s name and mailing address (33 M.R.S. § 456).

Recording and Priority

Deeds must be recorded in the Registry of Deeds in the county where the property is located. If the property spans more than one county, the deed should be recorded in each county (33 M.R.S. § 201).

Maine follows a notice recording system. A conveyance is not effective against third parties without notice unless it is properly acknowledged and recorded. A recorded deed takes precedence over prior unrecorded conveyances and over certain unrecorded attachments or seizures (33 M.R.S. § 201).

Maine law also addresses defeasance instruments. A deed that appears to convey an absolute estate cannot be defeated by a separate unrecorded instrument intended as a defeasance, except as against the original parties, unless the defeasance is also recorded in the appropriate registry (33 M.R.S. § 202).

Because Maine emphasizes proper acknowledgment, accurate registry recording, and clear disclosure of marital and ownership interests, careful preparation and timely filing are essential to ensure that a conveyance is valid and protected in the public record.