Legal Question in Real Estate Law in Massachusetts
Joint Tenants Quit Claim Deed
I purchased a quit claim deed from FindLegalFormscom to add my husband as a Grantee of title to our home. The document does not distinguish between Grantees that are tenants in common or joint tenants. If a joint tenancy is not specified, I understand that a tenancy in common is assumed. Is this true? If so, how can I remedy? I want my husband and I to have title as joint tenants. Thank you.
1 Answer from Attorneys
Re: Joint Tenants Quit Claim Deed
You really want your husband to hold title by Tenants by the entirety, which is the one used for married persons. Unmarried persons can use Tenants in Common or Joint Tenants with rights of survivorship.
An attorney will usually prepare such a deed for you for as little as $100-125.00. The filing fee for the deed is $125.00 in MA.
You also may need to take into account the impact of your action as a gift with respect to your estate plan or your Wills and Trusts.
If you have additional questions, you can call my office without obligation on Wednesday.