Final answer:
The statement that a spouse who joined in the conveyance cannot be liable for a breach of the covenant against further encumbrances simply because they had no interest in the property is false. Both spouses may be liable when both signed the conveyance, affirming that the property was not subject to undisclosed encumbrances.
Step-by-step explanation:
The conveyance of property in real estate involves various legal covenants, including the covenant against further encumbrances, which guarantees that the property is free of any liens or encumbrances that have not been disclosed. If one spouse is the sole owner of the property, but both spouses signed the deed or conveyance to a buyer, each is affirming the covenants made therein. Should a breach of such a covenant occur, the non-owner spouse may still be liable if they joined in the conveyance, as their signature implies an assurance that the covenants are valid.
If the non-owner spouse claimed they are not liable for any breaches because they never had an interest in the property, this would be largely false. The purpose of their signature is to relinquish any potential future interest and affirm the current status of the property as unencumbered. In the context of the transaction, their interest is material to the covenant. Therefore, the buyer may have a remedy against both the deceased seller and the surviving spouse who signed the conveyance if it is discovered that there were undisclosed encumbrances at the time of sale.