Belanger v. Yorke
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In this declaratory judgment action contesting the ownership of certain property the Supreme Judicial Court vacated the final judgment entered on behalf of Lisa Yorke finding that Brad Belanger's deed to Rebecca Belanger was not supported by consideration, holding that the trial court did not apply the correct legal standard to resolve the issue of consideration.
Brad deeded the property at issue to Lisa, his daughter, before he deeded it to Rebecca, his wife. Rebecca recorded her deed before Lisa recorded hers. Both Lisa and Rebecca claimed exclusive title to the property and sued each other for a declaratory judgment that each woman owned the property. The court found that Brad's deed to Rebecca was not supported by consideration and, therefore, she was not a bona fide purchaser of the property. The court entered final judgment for Lisa. The Supreme Judicial Court vacated the judgment in part, holding (1) the trial court correctly found that Me. Rev. Stat. 33, 480, which requires the signature of a nonowner spouse on a transfer of real property in certain circumstances, was not an affirmative defense to Lisa's ownership claim; and (2) the trial court did not apply the correct legal standard to resolve the issue of consideration.
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