Legal Question in Real Estate Law in Massachusetts

Once his name is on the deed, he cannot sell the house without her consent. Although as a tenant in common he could sell his interest in the house. Nor can she sell the house without his consent. She cannot remove his name from the deed to the house without his consent or a court order once she places his name on it and it would be a taxable gift requiring a gift tax return although no gift tax payment would be required.

If they break up and his name is on the deed, he has as much right to stay in the home as she does.

Putting a partner on the deed to one's home without an agreement is a VERY BAD IDEA.

He is basically asking for half the home, assuming the deed is as a tenant in common or the entire home when she dies if it is a joint tenancy.

A better idea is to put the home into a revocable trust or a nominee trust which would allow her to remove him from the trust should they break up. Upon her death she can provide he can live there for life so long as he pays the taxes and insurance. If there is a mortgage it would have to be paid off since they are not married.

Please feel free to contact me or to have your aunt contact me regarding same wihout obligation