Legal Question in Real Estate Law in Massachusetts

Re: Deed

Changing a deed from joint ownership to single is easy. However, if the property has a mortgage on it then you will need to get permission of the lender. The mortgage will contain language that the balance of the mortgage is due upon a transfer of the property. Taking your name off the deed will not relieve you of the obligation to pay the note.

Re: Deed

In addition, the person who grants you their share of the property must sign that share to you.

If it merely a situation where you created a conditional situation on the deed, then it is simpler.

Re: Deed - Changing The Current Name On

Changing the name on a deed to that of a sole owner can be fairly straight forward. Since you did not say how legal title is currently held ((1) In your name only; (2) In your name plus the names of others; (3) In the name of a partnership, corporation; a limited liability company; or trust, etc.), the process will vary. A general scenario may look as follows: (When in doubt, you should always feel free to seek assistance from a competent, licensed professional).

If the current parties to the deed are all individuals, and all agree to the change, then you may wish to proceed as follows:

1. Obtain and review a copy of the current recorded deed.

2. Have a new deed drawn up where all parties grant to you their interest in ownership of the property.

3. Have the new deed properly signed, notarized, and recorded.

The process is similar in cases 2 and 3, above. The language and some of the additional documentation may, however, differ. You should also be aware that certain changes in ownership may require pre-approval by your lender; may trigger tax consequences (local, state and federal); may also trigger a re-assessment of the property (check with the assessors office); and have other legal ramifications. You may wish to speak with someone in your clerk�s or recorder�s office to verify you have all the proper documentation, fees, etc., when are ready to record your new deed.

Warren Wood, Esq., JD., L.LM.