Legal Question in Real Estate Law in Massachusetts

Re: Quick Claim vs. Title

You and your husband are referring to the type of deed, a 'quit claim' deed.

A deed from you --to--> you and your husband would effectively transfer your interest in the house to the two of you jointly.

HOWEVER!!!! There are often acceleration clauses in mortgages that allow for your mortgage holder to call the entire note due upon transfer. That makes sense, you are effectively selling the house to a new entity, and the mortgage company can call the entire amount of the loan due.

You should contact your mortgage company before doing this.

If you would like further assistance, I would be happy to help you consider all of your options and consequences.

Re: Quick Claim vs. Title

The term is Quitclaim. And you can add as many people to a title as you would like. The mortgage is still superior to adding your husband, but he would at least own the property, subject to the mortgage, if you passed away.

Re: Quick Claim vs. Title

There are a wide variety of ramifications from transferring a property into the name of a spouse. You really should consult with an attorney to draft the proper deed and prepare any appropriate related documents such as a Declaration of Homestead.

To clarify, a "quitclaim deed", which is the standard practice in Massachusetts, simply transfers any interest in the property that the grantor has, while a "warranty deed" guarantees to the grantee good title. The latter is generally not done in Massachusetts. Rather, buyers obtain title insurance.

Note that by transferring into the name jointly with a spouse, the original owner will still be solely liable on the note, although the mortgage will burden the property until the loan is paid off. (Again, you should consult with a knowledgeable attorney. While Federal law prohibits in most cases enforcement of due on sale clauses against transfers to spouses, there may be other reasons not to transfer to a new spouse without thinking through the effect of the transaction, including any effects on your estate planning.)