Legal Question in Wills and Trusts in Massachusetts

Re: Which deed form to use?

The most common means of adding you to the deed is to simply have your husband deed the property to the two of you as "tenants by the entirety." In the event that your husband might pass away before you, ownership of the property would pass to you immediately on his death.

Using a form would be penny-wise and pound-foolish. First, you need to know if you have recorded land or registered land. There are additional drafting requirements for registered land imposed by the law. Second, you want to make sure that all the langauge in the deed will actually be correct. If a description is incorrect, you could have serious problems selling the house down the road. The cost of the legal work for a recorded land deed is modest -- usually between $100 to $150. The registry of deeds will charge $125 to record the document. Registered land deeds will cost more because of the additional steps that will need to be taken. Most attorneys (myself included) will also advise you to record a homestead at the same time for a small additional fee.

Which deed form to use?

Alexandra is correct.

This involves a simple deed.

You want to be absolutely sure that the transfer deed has the correct designation that reflects your intent.

Re: Which deed form to use?

This is really something you should speak about with an attorney.

The limitation of this forum is that we cannot know whether there are any other considerations which would affect the advice we would give you, e.g. how old you are, what your financial situation is, what your estate planning goals are, etc. There are many issues which would affect the question of what kind of deed, and whether a deed makes sense, or even if you should own the home solely in your name.

It is not necessarily a simple question (though in your case, it could be, we just cannot tell from your question).

You really should consult with an attorney.