When Massachusetts residents wonder what declares or indicates ownership of their home, they think of the word ‘title’. However, it is actually the deed that declares ‘title’ or ownership to a home in Massachusetts. Click on any of the links below to jump directly to your question of interest or concern located within this article.
- What is a Deed to Property in Massachusetts?
- How Do I Change the Name on My Title or Deed?
- Why isn’t Removing a Name on My Title or Deed Simple?
- How is Someone Removed from My Title or Deed?
- What If the Other Owner Won’t Sign?
- Isn’t There an Easier Way to Change Title?
- Is Changing the Name on My Title or Deed Expensive?
What is a Deed to Property in Massachusetts?
A Massachusetts deed is a document that is used for many different reasons, but one primary reason for a Massachusetts deed is to declare the current owner of property. Often referred to as the title, it is the deed that most people are referring to when they are thinking about title or ownership of property such as a home, condominium or other real property held in Massachusetts.
How Do I Change the Name on My Title or Deed?
When a person owning property in Massachusetts wants to change the name on their title, again, what they are referring to is changing the name on the deed. For example, suppose there are two people listed on the deed to the property. In order to remove any one of these names, aka owners of the property, an attorney would draft a new deed, and then file the document with the appropriate registry of deeds in Massachusetts where the property is located. Once this new deed has been filed, if the process has been performed correctly (and this is why you hire an attorney) the title to the property will reflect the new owner of the property.
I only want to change or remove a name from the title or deed isn’t this a simple thing?
No. Removing an owner from a title to property (from a deed) in Massachusetts involves more than paperwork, and should be handled by an attorney experienced in Massachusetts conveyancing. The new deed (and this is perhaps the most important concept in this article) must grant the previous owner’s title to the new owners of the Massachusetts property. For example, let us suppose that there are two owners on the title or on the deed. Now, let’s further suppose that both of those title owners wish to remove one of the owners. In our example, let’s name these title owners Joe and June. Joe and June own property together as an unmarried couple in Massachusetts. Both Joe and June are listed on the deed as owning the property as joint tenants. While the couple is unmarried, due to personal problems within their relationship June decides to move away from Joe and out of Massachusetts. During the move, the former couple discuss their respective ownership interest in the home and June decides to give her interest in the home to Joe for a fee. Joe pays $50,000 for June’s share or her ownership interest in the home to Joe. But, on paper June is still listed on the title or the Massachusetts deed as an owner of the property. In order to reflect the change in ownership that the former couple intended, they must have a new deed drafted which reflects the grant of the property from June and Joe to Joe.
How is a person removed from title or deed in Massachusetts?
In order to remove June (using our previous example) from the title to the couple’s former Massachusetts property, a new deed will need to be drafted by an attorney. The new deed will declare the interest that both Joe and June had in the ‘title’ to the property, and then grant that ownership interest to Joe alone.
Two more things to check when an owner comes off the deed. A deed between spouses, former spouses or co-owners doesn’t end an existing homestead unless each of them signs an express release (G.L. c. 188, § 10), but it’s still wise to confirm the remaining owner’s protection is in place. And ask whether the existing owner’s title insurance policy still covers the remaining owner. If a co-owner can’t be found, see removing a name from a deed when a co-owner is missing.
What if the other owner won’t sign?
A new deed only works when everyone giving up an interest signs it. When a co-owner refuses, or a former spouse won’t sign a deed a judge ordered, the way forward depends on why the name is on the deed.
A former spouse won’t sign the deed after a divorce
When a divorce judgment awards the home to one spouse, the other spouse is usually ordered to sign a quitclaim deed. The new deed is recorded at the registry of deeds, often with a certified copy of the judgment. If your former spouse refuses to sign, you have options:
- Check the judgment. Its wording matters. A lawyer can tell you whether it’s enough to support the transfer on its own.
- Send a letter. A letter from a lawyer explaining the order, and what happens if it’s ignored, often gets the deed signed without going back to court.
- File a complaint for contempt. The Probate and Family Court can hold a party in contempt for ignoring its order, order them to sign, and award attorney’s fees.
- Ask the court to have someone else sign. If a party still refuses, the court can authorize another person to sign the deed in their place.
Co-owners disagree about the property
When two or more people legitimately own the property and can’t agree whether to keep it or sell it, any owner can file a petition for partition under G.L. c. 241. The court can divide the property, or more often order it sold and split the proceeds according to each owner’s share. Many partition cases settle with one owner buying out the other, and the buyout is completed with a new deed.
Someone else claims an interest in the property
If the dispute is over who owns the property at all, rather than how co-owners share it, a court case may be needed to clear the record. A quiet title action asks the court to declare who holds title and remove a competing claim. A petition to try title under G.L. c. 240, §§ 1–5 lets an owner in possession require someone who claims an interest to bring that claim to court or lose it. These cases are usually brought in the Land Court, whose judges handle title disputes regularly.
Isn’t there an easier way to change title in Massachusetts?
While there may be individuals who claim they can change a deed to property by drafting a new deed, and online services that purport to do the same thing, a deed to Massachusetts real property should be drafted by a licensed Massachusetts attorney experienced in real estate law and conveyancing matters.
But isn’t hiring an attorney to change my title or deed expensive?
No. Removing an individual or individuals from my title or deed requires the following:
- interview of the client to ascertain the current ownership status of the property
- to obtain a thorough explanation of the current issues in the ownership of the property, if any
- drafting of a new deed to reflect the desired changes in title or ownership
- review of those changes with the client or clients to ensure that a complete understanding is reached
- explanation of the meaning of those changes with the client
- the filing of the new deed with the appropriate Massachusetts Registry of Deeds
While these tasks will necessarily incur some expense for the attorney’s time, these tasks must be accomplished for any change in title to real property in Massachusetts to be done right…and the cost of these tasks need not be burdensome. Contact our offices for a quote on the cost of changing title to your Massachusetts home or other property.
About the Author
Richard Alan Gaudet, Esq. is a Massachusetts attorney at the Law Offices of Richard Alan Gaudet, LLC in Middleton, Massachusetts, who advises clients on deeds, title transfers and real estate. His practice focuses on professional license defense, business law and litigation, family law, and landlord representation, serving clients across Northern, Eastern, and Central Massachusetts. Reach him at 978-273-8337 or rgaudet@gaudetlawoffice.com. Office: 35 Village Rd., Ste 100, Middleton, MA 01949.
ABOUT THIS ARTICLE
This article was prepared by a Massachusetts attorney and is provided solely for general informational and educational purposes directed to members of the general public. It does not constitute legal advice and does not create an attorney-client relationship. The law applicable to any particular situation depends on the specific facts and circumstances of that matter. Readers are encouraged to seek the advice of a licensed Massachusetts attorney before taking any action.
