A Boston Massachusetts Quitclaim Deed by Two Individuals to Husband and Wife is a legal document that transfers ownership of real property from two individuals to a married couple. This type of deed is commonly used when two individuals jointly own a property and want to transfer their ownership interest to a married couple. A quitclaim deed is a legal instrument used to transfer the rights or interest that a person may have in a property, without making any guarantees or warranties about the title. This means that the individuals transferring the property, also known as granters, are simply transferring whatever rights they have in the property to the husband and wife, also known as grantees. It is important to note that a quitclaim deed does not provide any assurance that the property is free of encumbrances or claims. There may be different variations or types of Boston Massachusetts Quitclaim Deeds by Two Individuals to Husband and Wife, depending on specific circumstances or additional provisions that might be included. Some common types of quitclaim deeds include: 1. Simple Quitclaim Deed: This is a basic form of a quitclaim deed where the granters transfer their ownership interest without any additional conditions or provisions. It usually includes the legal description of the property, the names of the granters and grantees, and the signature of the granters. 2. Quitclaim Deed with Survivorship Rights: This type of quitclaim deed includes provisions that determine how the ownership rights will be held if one of the grantees passes away. It typically states that in the event of the death of one spouse, the surviving spouse will automatically become the sole owner of the property. 3. Quitclaim Deed with Life Estate: This variation of a quitclaim deed allows the granters to retain a life interest in the property. It means that they can continue to live in or use the property until their death, at which point the ownership automatically transfers to the husband and wife. 4. Enhanced Life Estate Deed: This type of quitclaim deed, also known as a Lady Bird Deed, allows the granters to retain control of the property during their lifetime, including the right to sell or mortgage the property. However, upon their death, the property automatically transfers to the husband and wife without the need for probate. In all types of Boston Massachusetts Quitclaim Deeds by Two Individuals to Husband and Wife, it is crucial for both parties to ensure that the proper legal procedures are followed. It is highly recommendable to consult with a qualified real estate attorney to guide the drafting and execution of such deeds to ensure compliance with Massachusetts state laws and regulations.
Boston Massachusetts Quitclaim Deed by Two Individuals to Husband and Wife
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In Massachusetts, a tenancy by the entirety also has a right of survivorship, but this form of joint ownership is only permitted for married couples. It is treated quite similarly to a joint tenancy with a right of survivorship. If your spouse dies, your interest automatically transfers to you.
You will need to have the quitclaim deed notarized with the signatures of you and your spouse. Once this is done, the quitclaim deed replaces your former deed and the property officially is in both of your names. You must record the deed at your county office.
If you are refinancing a loan or taking title to property you want to share with your spouse, make sure the deed reads after your name: Community Property with Right of Survivorship.
We recommend you consult with an experienced real estate lawyer for professional advice as each circumstance is unique. (Please note, the fee for our office to add someone to your deed is $650.00, plus recording costs and documentary stamps ? recordings costs are normally less than $50.00.)
Joint Tenants ? When one joint tenant dies, the surviving joint tenant automatically owns the entire property. This is said to be a ?right of survivorship.? A deed to two or more people must specify that they hold the property ?as joint tenants? to create a joint tenancy.
If you are an individual, the only choice is to take title individually. However, for married couples or friends buying a house together, there are three main ways that they can hold title to real estate: tenancy in common, joint tenancy, and tenancy by the entirety.
If you've recently married and already own a home or other real estate, you may want to add your new spouse to the deed for your property so the two of you own it jointly. To add a spouse to a deed, all you have to do is literally fill out, sign and record a new deed in your county recorder's office.
However, for married couples or friends buying a house together, there are three main ways that they can hold title to real estate: tenancy in common, joint tenancy, and tenancy by the entirety.
In order to change the owner(s) of record name(s) from maiden name to married name, a Marriage Certificate must be recorded at the Hampshire County Registry of Deeds. A deed must be recorded to add a spouse as an owner of record.
Under Massachusetts law, a non-debtor spouse is protected when holding property in a tenancy by the entirety. A creditor can place a lien on the debtor's interest, but the non-debtor is protected from execution against the property during his or her life, as long as it is the non-debtor's principal residence.