Legal Question in Real Estate Law in Massachusetts

Re: Quitclaim Deed

Adding to the previous answers, it would not generally be a great expense to have an attorney prepare a deed, and the attorney might catch any special circumstances which could present a future problem. I.e., you can "do it yourself" as long as you don't screw up, but it may not be such a great idea.

One note concerning an incorrect comment in someone's prior answer: in general, transfer of property from one spouse to two as tenants by the entirety will not cause a normal mortgage to be accelerated (i.e., the loan due upon transfer), due to the federal Garn St Germain Act. While transfer to someone other than your spouse could cause an acceleration, that is not the situation with a spouse (and a few other itemized circumstances provided for in the act). Your husband's interest in the property, of course, will be subject to the mortgage.

Also, it would affect any declaration of homestead previously made by you (and you may wish to declare a new homestead subsequently.)

Re: Quitclaim Deed

Assuming you do it correctly, an attorney is not required to prepare the deed.

Please make sure you know what you are doing. Most attorneys would charge a $100 to prepare the deed and the filing fee is $125.00. Make sure you indicate the value of the transfer is less than $100 so no stamps are paid.

: Quitclaim Deed

As long as the document is complete and adequately represents the intent, there should be no problem. Are you transferring a share or the entire ownership to your husband???

Re: Quitclaim Deed

Yes you may draft your own deed. You need to follow proper form. Attorneys spend lots of time learning how to do this properly, and though for most attorneys it is not a complex task, there are many problems that can arise. When seeking changes in title to property, changes that if done improperly could affect many future rights, it is best to seek legal counsel. The attorney who first responded to your question noted that most attorneys do not ask a large fee for this type of work. If there is no title search involved, then the fee looks right. You are forewarned however, (and giving such free advice to people who do not want to pay an attorney is not required), that if there is a mortgage or other financial lien of record on the premises; the type of lien documents used to "secure" payment of the debt often include "due on sale or transfer" clauses or some other mechanism which immediately "kicks in" on such a transfer, even between spouses, and will make the debt immediately due and could subject you to possible contract breach claims or foreclosure in the worst case scenario. If you are transfering the property under a domestic relations court order, then there may be less peril. In any event, the lien, if one exists, would have to be taken into consideration, and the lender(s) notified if you do not want to end up in a legal fiasco. You should think very carefully before you try being your own lawyer, especially when so much may be at stake.

Re: Quitclaim Deeds in Massachusetts

As a practical matter you should have the deed drafted by a Massachusetts (MA) Real Estate attorney. However, it is not required that a deed be prepared by a lawyer in order for it to be recorded at the Registry of Deeds. If you incorrectly draft the deed you may adversly affect title to the real estate.