DAVID T. LEAKE, ESQ.
  • Home
  • Client Reviews
  • Practice Areas
  • Biography
  • Blog
  • Legal Process
  • Contact Us

BLOG

The Inchoate Real Martial Interest

2/5/2023

0 Comments

 
In three separate divorce consultations I had last week the exact same question arose, so I decided to write a short blog post about the question.  When I was in law school, I was research assistant to a brilliant Harvard Law School trained professor named Kenneth Gray.  Gray's specialty is property law and I assisted him writing books and articles about complex property law issues.  As such, I happen to have a unique background in property law.

Modern property law derives from common law England.  A common concept in common law is the real interest known as "dowery" or "curtsey."  In modern property law these concepts translate to mean that when you get married your spouse gains an "inchoate" or invisible interest in any real estate you own.  Therefore, if you separate, and even later divorce, that interest is not automatically extinguished.   The problem is the previous spouse's interest will cloud the real estate's title, meaning you cannot then sell the real estate with clean title thereafter.

As such, it is critical that the previous spouse execute what is called a "Quitclaim Deed" conveying their inchoate rights back to you with specifical language to clear the cloud on the title.  Unfortunately, this step in the process makes it difficult to effectuate a divorce without an experienced divorce attorney.   If you are considering divorce and you own real estate, please contact us.
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Author

    Attorney David T. Leake

    Archives

    February 2023
    January 2023
    January 2020
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018

    Categories

    All
    Criminal Law
    Custody
    Divorce
    DUI
    Firearms Law
    PFA Law

    RSS Feed

Personal Injury, DUI, Criminal, Custody, Divorce, Family Law, & Estate Attorney in Somerset, Pennsylvania

Major Credit Cards Accepted: Visa, Mastercard, American Express, Discover

​Address

David T. Leake, Esq., Law Office
509 North Center Avenue
Somerset, Pennsylvania 15501

​Email
Dleake@DavidLeakeEsq.com

Telephone

(814) 445-6946

Hours

Office Telephone: M-F 8:30am-4:00pm
Appointments: M-Sun 6:00am-8:00pm
  • Home
  • Client Reviews
  • Practice Areas
  • Biography
  • Blog
  • Legal Process
  • Contact Us