Massachusetts Limited Title Opinion
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FAQ
In Massachusetts real estate transactions, a seller should be able to transfer good, clear, and marketable title to a buyer. Clear and marketable title means that there are no defects, encumbrances, liens, or the possibility of litigation associated with the property.
Joint tenancy with rights of survivorship (JTWROS) Type of owner: married couplesThe most common form of property ownership for married couples is joint tenancy with rights of survivorship, which awards both parties undivided ownership.
The Right of Survivorship This means that if one owner of the property dies, the other one will automatically own the property. A joint tenancy can be applied to real estate, vehicles, bank accounts, and other types of property in which each owner owns an equal share.
In Massachusetts, most title searches are done by a real estate attorney, and closing must involve attorneys, but in other states, it is common for a title company to conduct the title search on behalf of the buyer.
A deed to two people who are married must specify that they hold the property ?as tenants by the entirety? to create a tenancy by the entirety.
Community Property With Right Of Survivorship (CPWROS) Only married couples can use this form of title in community property states like California. This is a very popular method for married couples because it really protects spouses in the case of titles.
What Is Opinion of Title? The opinion of title is the legal opinion which attests to the validity of the title deed to a parcel of property. The opinion is sometimes issued in conjunction with an insuring title agency.
Joint tenancy seems to be the most common way to take title, but it may not be the best way.
