Legal Question in Real Estate Law in Massachusetts

Deed

Got married and owned house with boyfriend but now married. I want to change my name on mortgage loan and need quitclaim deed and record with registry of deeds.


Asked on 3/01/07, 2:49 pm

1 Answer from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: Deed

You would be wise to contact an attorney to prepare the deed, in conjunction with doing a little estate planning now that you have real estate. E.g., what do you want to have happen in the event you were to die? Should the house pass to your husband, or should half pass in your estate, etcetera? Typically, husband and wife hold title in Massachusetts as tenants by the entirety, which provides for the property to pass to the survivor and provides certain protections against creditors of only one spouse, but there are a few estate planning situations where this might differ. As far as changing your name on the loan, I think you are really looking at advising the mortgage loan servicer of your married name, so that your credit report properly reflects your timely payments on the mortgage. It does not necessarily have to be changed on the mortgage.

If you intend to refinance in the near future, this could all be done at the same time. If not, and if you do not have a will, you should probably address both issues at the same time. Simple estate planning is not necessarily expensive.

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Answered on 3/01/07, 3:07 pm


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