The Quill – Sept 2021

We have published this Tip in our newsletter before but we think it is an important one to reiterate. Marital Status in a nutshell:

Include both the Grantor’s and the Grantee’s marital status on the Deed. If the parties are married, list them as spouses. If a party to the Deed is unmarried, indicate that they are single. Why is this important? Several reasons. The lack of marital status identification can create a marketability concern down the road. One of the things I am most asked to insure are deeds in the chain that fail to identify the Grantor’s marital status. Don’t be the law office that creates that marketability issue!

Secondly, as a wise man once told me, “Every time you open your file post-closing, you are costing yourself money.” (Thanks for that advice, Chris Burti!) When I first began practicing, I failed to include the marital status on some of my Deeds. In a couple of instances, I received a call from a curmudgeonly attorney (now retired) who would ask me, usually not very nicely either, for a copy of the Marital Status Affidavit from my file. (Those of us in Charlotte remember Woody Efird fondly…truly). The time that it took me to find the file – especially if it was in storage – copy the Affidavit, and send it to Woody cost me my time and, as they say, time is money.

Lastly, in today’s world, it may not be easy to discern marital status on the face of a Deed. We now recognize same sex marriages and if, for example, we see Grantors listed as William Smith and James Washington, without any indication of their marital status, we don’t know whether to believe that conveyance involved two single men or two men married to each other. This can create – say it with me – a marketability issue.

Take it from us. . .you don’t want that phone call!

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