Massachusetts Granting Clause
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FAQ
Right of Survivorship The deceased owner's estate does not receive any share of the property. Unlike a tenancy in common, a JTWROS co-owner cannot transfer their interest in the property without destroying the JTWROS.
Transfer ownership: Each tenant in common has the right to transfer their ownership interest. They may sell, gift, or mortgage their share. In the event the other owners of the property will be negatively impacted by the transfer, the owners must all agree to the transfer.
MGL Chapter 183 Section 59 provides that no mortgagee shall require a mortgagor to pay a penalty or late charge for any payment made within 15 days from the date such payment is due.
If a joint tenant sells his or her interest to an outside party, the new owner is a tenant in common. property acquired during a marriage and property already owned by each party at the time of marriage.
Massachusetts quitclaim deeds are distinct in that they include quitclaim covenants?which guarantee that the current owner did nothing to impair the property's title. A deed that transfers Massachusetts real estate with no warranty of title is called a release deed.
Since the joint tenants have equal interest, the property cannot be sold without the consent of all parties. Instead of selling, a joint tenant can choose to transfer their interest to another party. But it's important to note that when interest is transferred, the new party may not enter the joint tenancy.
The article you cite is correct that Massachusetts is a ?race-notice? state with respect to the enforceability of deeds.
The right the owners do need to have in common is the right of possession. However, each owner is only responsible for a proportionate share of expenses, taxes, and repairs. Each owner may sell or transfer his or her interest in the real estate without the others' consent.