Why does your property deed matter?
A deed is an instrument used to transfer title to real estate. The recorded deed can identify the grantees and show how their ownership was established, but it should not be treated as a complete guarantee of current, clear title. Later recorded documents and other legal matters may affect ownership.
Common Massachusetts ownership arrangements include tenancy in common, joint tenancy with right of survivorship, and tenancy by the entirety for married spouses. Their consequences differ, particularly after a co-owner dies.
When should you review your deed?
After marriage or divorce: Do not assume a change in marital status automatically produces the ownership arrangement you want. The effect depends on the existing form of title and applicable law.
After the death of a co-owner: A surviving owner may need to document the death and address title or estate administration requirements.
When updating an estate plan: Wills, trusts, and deeds should be coordinated so they do not work at cross-purposes.
Before selling or refinancing: Early review may reveal discrepancies, estate-related issues, or other title questions that warrant attention.
How to find your recorded deed in Massachusetts
Massachusetts has 21 Registries of Deeds. Identify the Registry of Deeds serving the property’s location, then search its records by owner name, address (where supported), or book and page reference. If the property is registered land, look for the registry’s registered-land records as well.
Review the grantee names and stated form of ownership. If documents are difficult to interpret, a Massachusetts real estate attorney can review the relevant title records. Avoid changing a deed solely to achieve an assumed estate planning benefit: transfers can have legal, tax, mortgage, and creditor implications.
A simple check can prevent bigger problems
Deed review is useful long before a home goes on the market. Selami Law can help homeowners understand real estate title questions and coordinate those questions with estate planning decisions.
This article is for general informational purposes only and does not constitute legal or tax advice. Laws and individual circumstances vary. Consult a qualified professional about your situation.