What Is a Quitclaim Deed in Massachusetts?
In Massachusetts, a quitclaim deed transfers real estate ownership from a grantor to a grantee. It’s a common way to convey property in the state, and owners can prepare the document without hiring a lawyer. When properly executed, the deed operates as a fee simple conveyance to the grantee (MA Gen L ch 183 § 11).
Massachusetts law also includes statutory quitclaim covenants that offer limited protection. The grantor promises they created no undisclosed encumbrances and agrees to defend the title only against claims arising through their own ownership (MA Gen L ch 183 § 17).
Because this protection only covers the grantor’s ownership period, many grantees rely on a title search or personal trust before accepting the transfer. A quitclaim deed can transfer any ownership interest that state law allows to pass by deed, which makes it useful for transfers between family members, spouses, or other trusted parties (MA Gen L ch 183 § 2).
Quitclaim deeds provide limited protection. Learn how other deed types protect ownership before moving forward.
When Should You Use a Quitclaim Deed in Massachusetts?
A quitclaim deed works best when property transfers rely on trust rather than strong legal guarantees. In Massachusetts, the grantor gives only limited covenants instead of full warranty protection, so the form usually fits lower-risk ownership changes. You might use a quitclaim deed when:
- Transferring property between family members or spouses
- Handling estate planning or moving property into a trust
- Fixing title issues or correcting ownership records
- Adding or removing an owner without completing a full property sale
- Supporting mortgage financing steps that involve title certification or title history review (MA Gen L ch 93 § 70)
For a traditional property sale with full title protection, use a warranty deed instead.
How to Fill Out a Quitclaim Deed in Massachusetts
Massachusetts requires certain wording, signatures, and notarization for a quitclaim deed to be valid. These steps show what you need to do before recording.
1. Add the Property and Owner Details
List the full legal names and addresses of the grantor and grantee. Massachusetts requires the complete legal property description, not just the street address. The formal description is what legally identifies the land, as explained in McHale v. Treworgy.
Include the consideration for the transfer, even if it’s a small or symbolic amount. The deed also needs to include the statutory quitclaim wording, with the limited covenants required under state law (MA Gen L ch 183 § 17). The grantor needs to sign the deed for the conveyance to be valid (MA Gen L ch 183 § 29).
2. Complete and Sign the Deed
Massachusetts law requires the grantor’s signature on the deed for the transfer to take effect. Without that signature, the document doesn’t operate as a valid conveyance.
3. Sign Before a Notary
The deed must be notarized before it can be recorded in Massachusetts. The acknowledgment has to follow the state’s statutory notary form and identification rules, and the wording needs to confirm the signer acted voluntarily for the stated purpose (MA Gen L ch 222 § 15(b)).
These same acknowledgment rules also apply to registered land documents and powers of attorney used for conveyances (MA Gen L ch 185 § 110; ch 183 § 32).
If someone signs the deed for the owner, Massachusetts requires a real estate power of attorney that follows the same notarization and acknowledgment rules as a deed.
Massachusetts Quitclaim Deed Sample
Take a look at a Massachusetts quitclaim deed sample to get familiar with the format, then customize the template and download it in Word or PDF.
How to File a Quitclaim Deed in Massachusetts
A quitclaim deed only becomes part of the legal ownership history once it’s recorded in Massachusetts. Until then, the transfer may not be fully effective. Here’s how the filing process works.
1. Record the Deed at the Registry of Deeds
File the signed and notarized deed with the Registry of Deeds in the county where the property is located (MA Gen L ch 183 § 4). The registry reviews the document and records it in the public land records, making the transfer part of the official ownership history.
2. Meet Recording and Title Requirements
Recording may include a title review or attorney involvement if the property is tied to financing (MA Gen L ch 93 § 70). A title examination usually looks back about 50 years of ownership history unless the land is registered. The deed also needs to meet the registry’s formatting and legibility rules before it will be accepted for recording.
After recording, keep a certified copy of the deed with your property records for future proof of ownership.
How Much Does a Quitclaim Deed Cost in Massachusetts?
In most Massachusetts property transfers, the total cost includes a recording fee and a state transfer tax. Some situations also involve legal or title-related fees.
Typical Required Costs
- Recording fee: about $155
- Transfer tax: about $4.56 per $1,000 of value statewide
- Higher rate in Barnstable County
- Applies when consideration exceeds $100 and is paid at recording (MA Gen L ch 64D § 1)
Other Costs You Might Have
- Property exchanges taxed per parcel; existing liens not taxed (DOR Directive 89-14)
- Possible attorney fees, title search costs, or closing expenses, depending on the transfer
Most Massachusetts quitclaim deed costs are straightforward, with recording fees and transfer taxes making up the largest share. Extra legal or title-related expenses depend on the details of the transfer, so reviewing the full cost ahead of time helps you plan for the total expense.
