A Massachusetts quitclaim deed legally transfers property from the seller (grantor) to the buyer (grantee). This document does not guarantee the title was clear before the grantor took ownership, so the grantee should perform a title search or only enter into this deed with a trusted individual.
This deed type offers more protection to grantees than it does in most other states. With a quitclaim deed, the grantor promises to defend against title claims arising from their ownership period. However, any claims arising from before their ownership become the grantee’s responsibility.
How to File
Filing a quitclaim deed in Massachusetts means following a specific process, from gathering documents to using the correct legal language and submitting the form with the right fee. Each step plays a role in ensuring your deed is valid and officially recorded.
Step 1: Gather All Relevant Documents
Find the current property deed containing the legal description. If you can’t locate the property deed, request one from your local Registry of Deeds Office. You may be required to pay a small fee of $1 per page for a certified copy of the deed.
Step 2: Consider Seeking Legal Assistance
Determine if you want legal assistance when completing your deed. While you can take on the task yourself, you may benefit from the input of an attorney with experience creating quitclaim deeds. Massachusetts classifies quitclaim deeds differently from most other states, so it’s essential to incorporate the proper language.
You may also ask the attorney for help conducting a title search to ensure that the title is free of any liens or encumbrances, as the quitclaim deed won’t carry a full warranty of title.
Step 3: Fill out the Quitclaim Deed Form
Provide all relevant information on the quitclaim deed form, including the name and address of both the grantor and the grantee and the legal description of the property. Ensure the deed outlines the conveyed warranties, including the limited nature of the warranty for quitclaim deeds in Massachusetts. Do not leave any blanks on the form, as incomplete information may render it invalid.
Step 4: Sign and Notarize
Only sign the form once you’re in the presence of a notary public. The grantor’s signature and the notary’s seal will satisfy the requirements in Mass. Gen Laws Ch. 183 § 29. You must show proof of identity, usually in the form of a government ID, when presenting the document to be notarized.
Step 5: File with the Registry of Deeds Office
According to Mass. Gen Laws Ch. 183 § 4, you need to file your quitclaim deed at the Registry of Deeds Office in the property’s county. If you need any copies of the deed, you should make them before submitting it. When you file your quitclaim deed, you must pay the $155 filing fee.
Costs and Fees
Transferring property in Massachusetts comes with a few financial responsibilities. From a flat filing fee to transfer and potential federal taxes, understanding these costs upfront can help you budget accurately and avoid surprises at the registry.
Filing Fees
The grantor must pay the filing fee for their quitclaim deed to the Registry of Deeds Office. Massachusetts charges a $155 filing fee for most deeds, including quitclaim deeds.
Taxes
1. Real Estate Transfer Tax
The real estate transfer tax is $2.00 per $500 of taxable property value (Directive 89-14: Exchange of Property). Please note that individual counties can set an additional transfer tax. Most counties impose an additional 14% of the imposed tax, making the effective rate $2.28 per $500 of property value. Barnstable is one county with a higher rate of $2.85 per $500 of property value.
Exemptions to the Transfer Tax
Massachusetts allows some exemptions to the transfer tax, including cases in which the consideration involved in the property exchange is less than $100 (Mass. Gen. Laws ch. 64D § 1). This means that in the case of gifted real estate, while the grantor must pay filing fees, they may not be subject to transfer taxes.
Please consult a tax professional or real estate lawyer to ensure you understand the tax implications of your specific property transfer, including whether it may be exempt from transfer taxes.
2. US Gift Tax
The IRS assesses gift taxes on high-value gifts, including real estate gifts. Even though the IRS defines a yearly amount the grantor can give to each recipient (for 2024, it’s $18,000 per recipient) without being subject to the gift tax, most real estate transactions will exceed this amount. Therefore, you should prepare to pay a gift tax as part of a gifted real estate transaction.
3. Capital Gains Tax
Massachusetts charges capital gains tax at varying rates depending on whether you held the property for more than one year. If you held the property for more than one year and sold it for more than you bought it, you must pay a 5% long-term capital gains tax. If you held the property for less than one year and sold it for a profit, you must pay an 8.5% short-term capital gains tax.
In addition to state taxes, grantors must also pay federal capital gains tax, detailed in Topic no. 409. Short-term capital gains are subject to the federal ordinary income tax rates, while long-term capital gains are subject to the special federal rates of 0, 15, or 20%, depending on your taxable income bracket.
Massachusetts Quitclaim Deed Requirements
Massachusetts recognizes quitclaim deeds with limited covenants, offering a partial warranty of title. Understanding the legal language, required property description, and filing process helps ensure your deed meets state standards and gets properly recorded.
Legal Framework
Mass. Gen. Laws ch. 183 (Alienation of Land) details land transfers. Further into the chapter in Mass. Gen. Laws. ch. 183 § 2, you’ll find a definition for quitclaim deeds and a reference that makes them legally enforceable in the state. Chapter 183 also contains an appendix listing various statutory forms for real estate instruments, including quitclaim deeds.
Legal Description
A quitclaim deed must have a legal description that clearly identifies the property. The state has come to enforce this requirement due to case law, particularly McHale v. Treworgy, 90 N.E.2d 908 (Mass. 1950). The legal description should include one of the following elements:
- Metes and bounds
- Lot and plan
- Reference description
Signing
The grantor should sign a quitclaim deed, like other legal documents transferring real estate, in the presence of a notary (Mass. Gen Laws ch. 183 § 29). The notary’s signature and seal will certify the document as valid.
Terminology
Mass. Gen. Laws ch. 183 § 17 provides the appropriate terminology for a quitclaim deed. The grantor should include the phrase “quitclaim covenants” or “limited covenants” to confirm they will defend against lawful demands of all persons claiming by, through, or under the grantor but against no one else.
Filing
Mass. Gen. Laws ch. 183 § 4 declares the grantor must file a quitclaim deed with the Registry of Deeds Office in the relevant county. They should prepare to pay a $155 filing fee for their deed.
Ways a Buyer Can Take a Title
A buyer can inherit the title on their own, but they can also take it through one of these three methods:
- Tenancy by the entirety: The surviving spouse takes full ownership if their partner passes away. This type is only enforceable if the buyers are married to each other.
- Joint tenancy: Similar to tenancy by the entirety, joint tenancy lets the living tenant automatically assume full ownership after the other tenant passes away. The buyers don’t have to be married to one another.
- Tenancy in common: Tenancy in common is an arrangement where the ownership interest transfers to the tenant’s surviving heirs when the tenant passes away.
Validity Requirements
Massachusetts’ statutes don’t dictate the specific formatting requirements for deeds. Instead, the Massachusetts Registers and Assistant Registers of Deeds Association released Deed Indexing Standards that govern the formatting standards for deeds (950 Mass. Reg. 120.04). Explore some of the main points below:
- Appear on white paper that’s at least 20-point weight.
- Appear on paper no larger than 8.5 by 14 inches (8.5 by 11 inches is the standard size).
- Have text or content on only one side of each page.
- Have at least a 10-point font for all lettering.
- Have a three-inch top margin on the first page.
- Have other margins of at least one inch.
- Contain a blank in the top-right corner at least three by three inches.
- Be legible enough to produce clear copies.
- Have signatures appear in dark ink, preferably black or dark blue.
These standards are subject to revision, so please note that the parties should adhere to the most recent revisions.
Content Requirements
When filling out a quitclaim deed, ensure that it includes all relevant content to identify all parties involved in the transfer and the specific parcel of land. This means the document should contain:
- The name and address of the grantor.
- The name and address of the grantee.
- A full legal description of the property being conveyed (not just the address but also information about the property’s boundaries).
- The consideration (the amount paid or any other property) given for the property.
- The current owner’s signature.
A quitclaim deed should also include a full description of the warranty conveyed at the time of the property transfer and what it does not cover. Since a Massachusetts quitclaim deed, unlike quitclaim deeds in other states, includes a partial warranty, the deed should name the period covered by the warranty and the grantor’s guarantee that they have done nothing to create title issues.
Quitclaim Deeds vs. Other Property Transfer Methods in Massachusetts
| Quitclaim Deed | Provides a limited warranty of title during the property transfer. It's often restricted to just the grantor's ownership period. |
| Warranty Deed | Provides a complete warranty of title during the property transfer. |
| Release Deed | Similar to a quitclaim deed in other states; it only transfers property without making any promises or warranties. |
| Life Estate Deed | Delegates property ownership to two parties: the life tenant and the remainder beneficiary. The life tenant can only transfer their interest (the life estate) during their lifetime. They must obtain permission from the remainder beneficiary to transfer the entire property's title. |
| Enhanced Life Estate Deed (Lady Bird Deed) | Similar to a life estate deed, but allows the life tenant more autonomy over decisions regarding the property's title. |
Sample Massachusetts Quitclaim Deed
Explore a sample Massachusetts quitclaim deed below. You can quickly customize it with our document editor and download it as a Word or PDF file when you’re ready to file.
Frequently Asked Questions
Does a Quitclaim Deed Give You Ownership in Massachusetts?
Yes. A quitclaim deed transfers property ownership from one party to another. However, you should be wary that it may come with undisclosed encumbrances from previous ownership periods.
How Do a Warranty and Quitclaim Deed Differ in Massachusetts?
A warranty deed provides promises about the property title’s condition as it relates to previous owners. On the other hand, a quitclaim deed only offers protection against encumbrances the grantor has made. It doesn’t guarantee protection from preexisting encumbrances, such as easements or restrictions that the jurisdiction has set.
What Types of Ownership Can I Specify in a Massachusetts Quitclaim Deed?
You can specify three ownership types in your quitclaim deed:
- Tenancy by the Entirety: This type is ideal for married couples. It lets the surviving spouse automatically inherit full ownership without going through probate.
- Joint Tenants: This type creates the right of survivorship without the grantor needing to have a spouse. It’s suitable for parents and their children or pairs of siblings.
- Tenants in Common: This type doesn’t involve the right of survivorship. Instead, when one owner dies, their interest in the property goes to their heirs. The property must go through the probate process.
