Ownership of property in Massachusetts, requires taking title to that property. If a person is taking title to property as an individual, then the following information does not apply, however, when you are thinking about adding another person to the title you will need to decide how you will both share ownership.

What is a Massachusetts Tenancy by the Entirety?

Only available to married couples in Massachusetts, the tenancy by the entirety is a form of ownership that may be the perfect choice for you and your spouse. This form of property ownership allows both of yu to use the property, and of course, to occupy the property. This form of property ownership does not allow one spouse to transfer their interest in the property without the express written agreement of the other spouse, however. The tenancy by the entirety also allows the remaining spouse to become the sole owner of the property if one spouse dies. Another interesting fact about the tenancy by the entirety form or property ownership is that following a judgment of divorce, spouses become tenants in common (described below).

How is a Tenancy by the Entirety Formed in Massachusetts?

Generally, to form a tenancy by the entirety, the deed will use language that indicates that the couple is a married couple and taking the property described in the deed as tenants by the entirety. It is possible for a married couple, it should be noted, to own property by the other forms of ownership described in this article.

Are There Risks with owning as Tenants by the Entirety in Massachusetts?

Under Massachusetts law, certain debt owed by one spouse to another may not affect the other spouse. For example, if one spouse receives a judgment by a Massachusetts court against their ownership interest in the property, the interest in the property that the non-debtor spouse owes will generally not be impacted if the non-debtor can prove that the residence is their primary residence. Still, keep in mind that both spouses will be liable for debt owed by both spouses for necessaries (those items required in daily life by the couple).

How Does Bankruptcy Affect a Tenancy by the Entirety in Massachusetts?

It may be possible to protect the home when one spouse files for bankruptcy if one spouse is not at all liable for some of the debt owed by the other spouse. This is because, in a tenancy by the entirety, a primary residence will not generally be sold to pay money owed to creditors when the spouse that has not incurred the debt does not owe any of it. Consult our offices to learn more about your legal rights in your specific circumstances.

What if one Spouse Dies, What Happens to the Property?

This is a great question, and one of great concern when one spouse passes away. In most, generally in all cases, due to the right of survivorship, the spouse that remains will retain full ownership of the entire property. Contact our offices to learn more.

What is a Joint Tenancy?

One of the main aspects of a joint tenancy is that when two individuals own property as joint tenants and one person dies, because of survivorship rights, the living person will receive full ownership in the property. While this type of ownership is nearly the same as owning property as tenants by the entirety, because tenancy by the entirety requires that both owners be married, the joint tenancy may be the perfect choice for unmarried couples seeking to own property together who wish that the property pass to the other upon one person’s death. If you are an unmarried couple seeking to own property together, and want the other half of your partnership to receive full ownership of the property – then, the joint tenancy may be the most appropriate form of ownership for you both.

How is a Joint Tenancy Created in Massachusetts

Similar to a tenancy by the entirety, to create a joint tenancy the deed will need to use language which creates such a relationship between the owners of the property. Contact our offices to achieve a joint tenancy for your Massachusetts real property.

What is a Tenancy in Common in Massachusetts?

When the deed does not indicate a type of ownership, the default form according to Massachusetts law is the tenancy in common. Think of this form of property ownership as owning a piece of a whole property. If you own 1/2 of the property, and your friend or partner owns the other 1/2, you can divide the property and do what you want with your 1/2 of the property. So, if you wished to sell your 1/2 of the property to another person you could. The person you sold it to would know own it, and would be allowed to live in it or do what they wanted with it. Similarly, you could will that 1/2 of the property to another person, that person would know own it.

One thing that must be understood about a tenancy in common is that each owner can use the whole property. Just because on paper you might own 1/2 of the property or 1/3 of the property, that fact does not mean that you can physically divide that 1/2 or 1/3 for your own use. Instead, both or all owners share the use of the property.

On the other hand, each owner’s responsibility to pay taxes, perform repairs and pay other expenses is limited to the proportion of ownership of that owner.

How do I End a Tenancy in Common in Massachusetts?

Tenancies in common may be ended when the owners of the property can agree, in writing, to partition the property. It is also possible to end a tenancy in common by bringing one or multiple owners to court in a suit for partition.

What Happens when One Owner of a Tenancy in Common Dies?

Since no survivorship rights exist in a tenancy in common, the interest that an owner of a tenancy in common has will pass to the heirs of that owner.

How is the Debt of One Owner Handled in a Tenancy in Common?

Tenancy in common can be a tricky way of owning property because of the fact that the person to whom money is owed, the creditor, may be able to attach the debtors property rights in the home. Practically, this means that a creditor may be successful in forcing the sale of property to get paid by the one owner who owes the debt.

Complexities of the Massachusetts Property Ownership

Clearly, the ownership of property is a complex matter. Typically, the language used in the deed that is recorded in the registry of deeds within the county where the property is located will control. However, there are aspects of property law and property ownership that might bring the true ownership of property into question. For more information about changing the way of owning property in Massachusetts or to make changes to a current deed – contact us at 978-273-8337.

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