Legal Question in Real Estate Law in Massachusetts

Only the true owner can add your name to the deed. A new deed will need to be properly drawn up, executed, and recorded that transfers the property from "X" to "X and Y". You will want to talk with an attorney about how to take ownership, i.e. tenants in common, joint tenants, or tenants by the entirety.

Depending upon your relationship to the owner, a transfer like this could potentially be a violation of the owner's mortgage agreement, and could trigger the acceleration clause in his mortgage (essentially causing a potential foreclosure). Best practice is to refinance the property when placing the home in both of your names.

If you read the various questions on this board, you will know how important it is to execute a property ownership agreement. What does your ownership mean? Are you entitled to 50% of the proceeds if the house is sold? Is it your obligation to pay 50% of the note? Do you want the other party to inherit the house if you die? What if one of you wants to sell, but the other doesn't?

Feel free to contact my office to discuss these and other issues before you take the leap. 617-357-4898.