By Lisa A. Tyler
National Escrow Administrator

Time and time again we publish stories where an escrow officer had a funny feeling about a transaction only to prove their funny feeling was warranted. The story entitled "COMMON law marriage" is no different. The parties described in the story consented to a marriage, but had no marriage license issued by the government and no marriage certificate filed with a government entity.

The lack of a license or certificate, however, did not make their marriage invalid. In fact, their marriage is just as valid as a couple with the appropriate paperwork. In community property states, like California, that marriage creates a spousal interest in the real estate holdings of either party to the marriage.

The spouse's community interest in real estate has to be resolved before title can transfer to a new owner. Read the story to find out how the escrow officer's funny feeling lead to the discovery of a common law marriage of a seller in a recent sale transaction.

Are you a commissioned notary? Then you need to read "KNOW your liability risks." It contains a quiz that will increase your awareness of the personal liability your notary commission carries when you are using it outside the scope of your employment with the Company.

Read SAFETY CORNER to discover what steps to take if your identity is stolen.