LD 736
pg. 1
LD 736 Title Page An Act To Specify Information Required in a Divorce Decree Page 2 of 2
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LR 1161
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 19-A MRSA §953, sub-§7, as enacted by PL 1995, c. 694, Pt.
B, §2 and affected by Pt. E, §2, is repealed and the following
enacted in its place:

 
7.__Decree or abstract as deed.__All rights acquired under
former Title 19, section 721 or 723 on or before December 31,
1971 and all rights acquired under this section by a party in
the real estate of the other party are effective against a
person when the decree of divorce or an abstract of the decree
is filed in the registry of deeds for the county or registry
district where the real estate is situated. The decree or
abstract, at a minimum, must contain:

 
A.__The caption of the case, including the names of the
parties, and any changes to the parties' names after the
decree;

 
B.__The date the judgment is final and the court that
issued the decree;

 
C.__An adequate description of the real estate, such as by
reference to the volume and page number of an instrument
recorded in the registry of deeds or the probate court
record, or an adequate description by metes and bounds or
by reference to the volume and page number of the registry
of deeds' records of a survey plan of the property;

 
D.__Any provision of the decree intended by the court to
constitute an encumbrance against real estate, including
any conditions pertaining to the encumbrance, in the
verbatim language used by the court.__If the abstract does
not contain the provision required by this paragraph, an
encumbrance may not be considered effective against a 3rd
party unless the encumbrance has been memorialized in a
separate, duly recorded instrument; and

 
E.__A clear statement of the ownership interest of the
parties in the real estate intended by the court to result
from that decree.

 
An inconsequential failure to provide all the details required
pursuant to paragraphs A to E does not create an invalid
abstract for purposes of this section.

 
The failure of a party to record the decree or an abstract of
the decree within a time period prescribed by former Title 19,
section 725 does not affect the rights of that party as
against the other party or the other party's heirs or
devisees. The


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