Legal Question in Real Estate Law in Massachusetts

Re: Name on Deed

Based on these facts, it appears your father's main objective is to leave you the house at his death. If so, you could handle this in your father's will. He could leave the house to you in his will and you would become the owner upon his death. The other option is that your father could convey the property to you during his life. Your father would need to draw up a deed which conveys all of his interest to you and the deed would be recorded at the Registry of Deeds. One thing to keep in mind is if there is a mortgage on the property, most mortgages contain "due on sale" clauses that would be triggered by the transfer of interest. This means that the mortgage holder would want to be paid in full prior to the transfer. You should check with each mortgage holder prior to transfering any interest. Lastly, if your father only conveys part interest (he retains 50% ownership and you in effect are joint owners), keep in mind his interest would pass to his estate at his death. The interest would then be passed to whoever is specified in the will. Your father should contact a local attorney to discuss his exact wishes to accomplish with the transfer and what are your options.