Legal Question in Real Estate Law in Massachusetts
real estate
does a deed transfering real property have to state the consideration within the document?
2 Answers from Attorneys
Re: real estate
The law of Massachusetts requires the consideration be stated in the deed. Notwithstanding that fact if the deed is accepted, the lack of consideration will not invalidate the deed although a creditor may seek to set aside a conveyance as fruadlent.
If you are making a gift, the consideration may be limited to $10 or $100. If you are transfering property to a nominee trust, you can do so with a limited consideration. If you have more questions, please feel free to contact me or an attorney in your area.
Re: real estate
According to Mass. General Laws Chapter 183, Section 6, the consideration is supposed to be stated in the deed, and the register of deeds is not supposed to accept a deed without the consideration being stated. Notwithstanding, the lack of compliance with this requirement of the statute is not supposed to affect the validity of the deed.