Legal Question in Real Estate Law in Massachusetts

Re: Adding spouse to be to deed

You would need to have a deed drawn up conveying an interest to your spouse. However, if you currently have an outstanding mortgage on the home, you should speak with your lender to get their approval prior to recording the new deed. Most lenders will not let you add anyone to the deed and not have that person on the mortgage/note. The lender wants to have a security interest which covers the entire property. Most mortgages contain a "due on sale" clause which requires the loan to be paid in full if any interest in the property is conveyed. In the typical case, you would record the deed transfering the interest and take a out a new mortgage to pay off the old loan and the new loan would be in both of your names.