Legal Question in Real Estate Law in Massachusetts

My boyfriend and I are on a quitclaim deed together. Under our names it says AS AN INDIVIDUAL, IN FEE SIMPLE. What does this mean as for percent of ownership? And do we need wills so if one of us passes we will not have to fight the state of Massachusetts for the other half of the house?


Asked on 5/27/15, 5:26 pm

2 Answers from Attorneys

The deed should say as Tenants in Common or as Joint Tenants. If the deed says as Tenants in Common then the property passes to your boyfriend's heirs and if there are no heirs then to the Commonwealth. If you are Tenants in Common then you need Wills. If the deed is as Joint Tenants then the property passes to the survivor of each of you. I would recommend you not only put the property's title as joint tenants (with right of survivorship) but that you should enter into an agreement as to what happens if you break-up so no one gets an unfortunate surprise.

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Answered on 5/27/15, 6:59 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Either change the deed, or accept it as is

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Answered on 5/28/15, 7:18 am


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