Ways to Hold Title to Property in Massachusetts: What Homeowners Should Know
- 20 hours ago
- 4 min read
When purchasing real estate in Massachusetts, one of the most important legal decisions is how you will hold title to the property. The way title is structured determines your ownership rights, what happens if a co-owner passes away, and whether the property must go through probate.
Massachusetts law recognizes several forms of property ownership, and each carries different legal and estate planning implications. Buyers should understand these options before signing a deed.
What Does It Mean to “Hold Title” in Massachusetts?
Holding title refers to the legal form of property ownership listed on the deed. The deed controls who owns the property, how ownership is divided, and what happens to each owner’s interest upon death.
Under Massachusetts law (M.G.L. c. 184, § 7), when property is conveyed to two or more people, the ownership is presumed to be a tenancy in common unless the deed clearly states otherwise.
This means the language used in the deed matters. If the deed does not expressly create a joint tenancy or tenancy by the entirety, the law defaults to tenancy in common.
What Are the Most Common Ways to Hold Title in Massachusetts?
Massachusetts homeowners typically hold title in one of the following ways:
Sole Ownership
Tenancy by the Entirety (married couples only)
Tenancy in Common
Joint Tenancy with Right of Survivorship
Ownership through a Living Trust
Each structure affects survivorship rights, transferability, and probate exposure.
Sole Ownership
Sole ownership means one individual owns the property entirely.
The owner has full control over the property and may sell, transfer, or mortgage it without the consent of others. Upon death, the property becomes part of the owner’s estate and typically passes through probate unless estate planning tools are in place.
This form of ownership is common for unmarried individuals purchasing property alone.
Tenancy by the Entirety (For Married Couples)
Tenancy by the entirety is available only to legally married couples in Massachusetts.
Key features include:
Each spouse owns an undivided interest in the entire property
Automatic right of survivorship
Neither spouse may sell or transfer their interest without the other’s consent
Certain protections from creditors of only one spouse
If one spouse passes away, the surviving spouse automatically becomes the sole owner without probate. If the couple divorces, the ownership converts to a tenancy in common.
This structure is often used by married homeowners because of its survivorship rights and creditor protections.
Tenancy in Common
Tenancy in common allows two or more individuals to own property together, either in equal or unequal shares.
Important characteristics:
Ownership percentages may differ
Each owner may transfer or sell their interest independently
No automatic right of survivorship
An owner’s share passes through probate upon death
Tenancy in common is common among business partners, siblings, or friends purchasing property together. Because there is no survivorship feature, estate planning is especially important.
Joint Tenancy with Right of Survivorship
Joint tenancy is similar to tenancy in common but includes a right of survivorship.
Under this structure:
Ownership shares must be equal
When one owner dies, their interest automatically transfers to the surviving owner(s)
Probate is avoided for the deceased owner’s share
Joint tenancy is often used when co-owners want equal ownership and intend for the property to pass directly to the surviving owner.
However, joint tenants generally retain the ability to transfer their interest during their lifetime, which may sever the joint tenancy if not carefully structured.
Can Property Be Held in a Living Trust?
Yes. In Massachusetts, real estate may be owned by a revocable living trust.
When property is titled in the name of a trust:
The trust becomes the legal owner
Probate may be avoided upon death
Distribution of the property follows the terms of the trust
Public records reflect the trust name rather than individual beneficiaries
Trust ownership is commonly used as part of a comprehensive estate plan.
Why Does the Form of Title Matter?
The way you hold title can affect:
Whether the property passes automatically to a co-owner
Whether probate is required
Asset protection rights
Control over transfer or sale
Estate and inheritance planning
Because Massachusetts law defaults to tenancy in common unless otherwise stated, failing to properly draft a deed may create unintended consequences.
Choosing the correct ownership structure should be done carefully and in coordination with your overall legal and financial planning.
How JTG Legal Services Can Help with Property Ownership Planning
Whether you are purchasing property with a spouse, family member, or business partner, understanding your ownership options is essential.
JTG Legal Services advises Massachusetts buyers and homeowners on deed preparation, title structuring, and real estate transactions. We help clients evaluate the legal and estate planning implications of each form of ownership so that their property rights align with their long-term goals.
If you have questions about how to hold title to property in Massachusetts, we are here to help.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Reading this information does not create an attorney-client relationship. You should consult a licensed Massachusetts attorney for advice specific to your situation.
