Massachusetts quitclaim deed
Here is what Massachusetts actually requires on a quitclaim deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- Registry of Deeds
- Witnesses
- Notary only
- Transfer tax
- $4.56 per $1
- First-page margin
- 3″ top
- Recording fee
- ~$155 first page
- E-recording
- Generally available
What a quitclaim deed does in Massachusetts
A quitclaim deed moves your interest in a property to someone else immediately, without guaranteeing that the title is clean. That makes it the wrong tool for a sale to a stranger and the right tool for transfers between people who already trust each other. Spouses, family members, a trust you control, or an LLC you own. It is the most-used deed in America for exactly that reason.
When Massachusetts homeowners use a quitclaim deed
- Add a spouse to the deed after marriage
- Remove an ex-spouse after a divorce
- Transfer property into a living trust
- Move property into an LLC you own
- Transfer between family members
- Correct a misspelled name or a scrivener's error on a prior deed
- Clear a possible cloud on title
What Massachusetts requires on the deed
These are the execution and formatting rules registries of deeds enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Massachusetts says |
|---|---|
| Recording office | Registry of Deeds |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
How to complete and record it in Massachusetts
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Registry of Deeds can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with Massachusetts's statutory language, the correct notary block, and the 3-inch first-page margin registries of deeds expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Record it with the Registry of DeedsFile in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Massachusetts
| Cost | Typical amount |
|---|---|
| Recording fee | About $155 for the first page |
| Transfer tax | Deeds excise tax: $4.56 per $1,000 of consideration ($2.28 per $500) |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $39, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Massachusetts charges a deeds excise tax of $4.56 per $1,000 of consideration ($2.28 per $500). It is customarily paid by the grantor. Cities and counties may add their own on top, so check the municipality rather than just the county.
Exemptions that commonly apply to a transfer like this: transfers where consideration is $100 or less, transfers between spouses, and gifts with no consideration. You have to claim the exemption. The recorder won't apply it for you.
Where to record it in Massachusetts
Massachusetts deeds are recorded with the Registry of Deeds in the county where the property sits, not where you live. There are 21 counties in Massachusetts.
Most Massachusetts recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in Massachusetts: Middlesex South, Worcester, Suffolk, Norfolk, Plymouth, Essex South, Hampden, Middlesex North, Essex North, Bristol North, Barnstable. See all Massachusetts recording offices.
What a quitclaim deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- It gives the new owner no warranty that the title is good. If a lien or a competing claim surfaces later, the grantee has no claim against the grantor under the deed.
- It does not remove anyone from the mortgage. The lender's loan is a separate contract; only a refinance or a release from the lender does that.
- It does not by itself avoid probate. The transfer happens now, not at death.
- Most title insurers will not insure a chain of title that rests only on a quitclaim from an unknown party.
Quirks of Massachusetts law that catch people out
- In Massachusetts, the QUITCLAIM deed, not the warranty deed, is the standard instrument for an ordinary sale. A Massachusetts quitclaim carries limited covenants and is roughly equivalent to a special warranty deed elsewhere. This surprises people moving from other states.
- Massachusetts charges a flat $155 recording fee for a deed no matter how many pages.
- Registry districts do not always match county lines. Several counties have both a northern and a southern district. Record in the district that covers the town.
- Massachusetts runs a Land Court registered-land system alongside recorded land. Check your prior deed to see which applies.
- Massachusetts does not recognize transfer-on-death deeds.
How to hold title in Massachusetts
When two or more people take title in Massachusetts and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Massachusetts: tenancy by the entirety (married couples only), joint tenancy with right of survivorship, and tenancy in common.
Married couples
A conveyance to a married couple creates a tenancy by the entirety unless the deed says otherwise (Mass. Gen. Laws ch. 184, § 7).
$39, one time. Your finished deed appears in full before you pay, with Massachusetts's witness rules, margins, and recording instructions already applied.
Common questions
No. Massachusetts has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the Registry of Deeds. Deedly produces all of that for $39, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $155 for the first page. Massachusetts also charges deeds excise tax of $4.56 per $1,000 of consideration ($2.28 per $500), though gifts and family transfers are often exempt. Massachusetts charges a flat statutory fee of $155 for a deed, regardless of page count.
No. Massachusetts requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the Registry of Deeds in the county where the property is located, not where you live, and not where the buyer lives. Massachusetts has 21 counties. Most offices also accept e-recording through a submitting service.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Keep reading
- Massachusetts general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Massachusetts special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Massachusetts life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- Massachusetts gift deedTransfers property to someone as an outright gift, for no payment.
- All deed rules for MassachusettsRecording offices, transfer tax, witness rules, and fees.
- Massachusetts recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.