Legal Question in Real Estate Law in Massachusetts

Re: Add name to property deed/title

Your husband would need to draft a deed conveying the property from him to both of you. He would need to sign the deed in the presence of a notary and the deed would need to be recorded at the Registry of Deeds in the county where the land is located. If there is an outstanding mortgage on the property, you probably should consider obtaining the lender's authorization since a transfer of an interest in the property may trigger the due on sale clause of the mortgage. In other words, the lender could demand full repayment. In reality, most lenders would not know of a transfer and there would be no problems as long as the mortgage payments are made. You should consult with a real estate attorney to draft the deed to ensure the parties are correctly identified and the property description is correct.