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?

A Massachusetts deed is a document that is used for many different reasons, but one primary reason of a Massachusetts deed to declare the current owner of property. Often referred to as the title, it is the deed that most people are referring to when 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 owner from a title to property (from a deed) in Massachusetts requires an attorney. 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 and 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.

Isn’t there an easier way change title in Massachusetts?

No. While there may be individuals who claim they can change a deed to property by drafting new deed, and online services that report to do the same thing, a deed to Massachusetts real property should always be drafted buy 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 client 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. 

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