Legal Question in Real Estate Law in Massachusetts

Two people can own real estate in Massachusetts as Joint Tenants (if married as Tenants by the Entirety) or as Tenants in Common. The language on the deed determines which way the property is owned. Tenants in Common do not have a right of survivorship. Joint Tenants and Tenants by the Entirety do have a right of survivorship. This means that upon death, the survivor owns the entire property. If the property is owned as Tenants in Common, each owner can devise the property in their will as they wish.

It will depend on the relationship of the parties and how they hold the property. If it is held as Tenants in Common generally the deceased parties interest goes to his estate and can be devised by Will if there is one or by Statute if there is not one. If held as Joint Tenants or as Tenants by the Entirety (only Married couples can hold title as TBE), then the property passes to the other owner automatically.

If you are uncertain of how the title reads, I suggest you get a copy of the deed. If you have more questions please feel free to contact me.