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When you buy a home with a partner or family member in Massachusetts, you must decide how you will legally hold title. Most co-owners choose either joint tenancy or tenancy in common, and that choice determines what happens if someone dies, breaks up, or wants to sell. The wording on your deed controls your rights, so structure matters from day one.
What Are the Main Ways to Hold Title in Massachusetts?
In Massachusetts, the two most common forms of co-ownership are:
- Joint tenancy (inclusive of tenancy by the entirety)
- Tenancy in common
Each creates different rights during your lifetime and at death. If the deed does not clearly create a joint tenancy, Massachusetts law generally treats co-owners as tenants in common by default. That makes the language on the recorded deed more than a technical detail.
We review the deed language carefully before closing so you know exactly what you are signing and how it affects your future.
What Is Joint Tenancy and How Does It Work?
A joint tenancy includes a “right of survivorship.” That means if one owner dies, their interest automatically passes to the surviving owner or owners, without going through probate.
This structure is common for family members and some long-term partners. It offers simplicity at death, but it also has consequences:
- Each owner typically holds an equal share.
- One owner cannot leave their share to someone else in a will.
- If one joint tenant transfers their interest, the joint tenancy can be broken.
If you separate or disagree about the property, a joint tenancy does not prevent one party from seeking a court-ordered partition. We often help clients understand whether survivorship aligns with their estate planning goals before finalizing this option.
There is a special type of joint tenancy known as tenants by the entirety for married couples in Massachusetts. This form of ownership provides additional protections, including shielding the property from the creditors of one spouse alone. It also includes a right of survivorship, meaning that upon the death of one spouse, full ownership automatically passes to the surviving spouse without the need for probate.
What Is Tenancy in Common and When Is It Used?
Under a tenancy in common, each owner holds a separate fractional interest. Those shares can be equal or unequal. For example, you might own 70 percent and your sibling 30 percent.
There is no automatic right of survivorship. If one owner dies, their share passes through their estate according to their will or, if there is no will, under Massachusetts intestacy law.
Tenancy in common is often used when:
- Co-owners contribute different amounts toward the purchase price.
- Family members invest together for financial reasons.
- Buyers want flexibility to leave their share to heirs.
Because each interest is distinct, one owner can sell or transfer their share, although practical and contractual limits may apply. That flexibility can be helpful, but it can also create tension if expectations are not clear.
What Happens If One Owner Dies?
Your ownership structure directly affects what happens at death.
With joint tenancy, the surviving owner automatically becomes the sole owner. Probate is avoided for that interest.
With tenancy in common, the deceased owner’s share becomes part of their estate. That may mean:
- A surviving partner suddenly co-owns the home with the deceased person’s children.
- Probate is required before title can be updated.
- Disputes arise about whether to sell or keep the property.
We often coordinate deed structure with estate planning to prevent these surprises. The deed and your will should work together, not at odds.
What If You Break Up or Someone Wants Out?
Buying a home together can strengthen a relationship, but circumstances change. If you break up, disagree, or one person wants to cash out, your options depend on both the deed and any written agreement between you.
In many cases, co-owners can:
- Negotiate a buyout, often with refinancing.
- Agree to sell and divide the proceeds.
- Seek a court partition if no agreement is possible.
A partition action asks the court to order a sale or physical division of the property. It can be expensive and time-consuming. We encourage clients to put a co-ownership agreement in place at the time of purchase, addressing:
- How expenses are shared
- What happens if someone stops paying
- How a buyout is calculated
- Whether one party has a right of first refusal
Clear planning reduces the risk of litigation later.
Why Does the Deed Language Matter So Much?
In Massachusetts, title is determined by the recorded deed. Small differences in wording can change your legal rights.
For example:
- “As joint tenants” creates survivorship.
- “As tenants in common” does not.
- Omitting survivorship language may defeat your expectations.
Courts look to the deed first. If it is unclear or inconsistent, resolving the issue can require legal action. We review and draft deed language to reflect your intentions precisely and to avoid ambiguity that can surface years later.
Plan Now to Protect Your Investment
Co-owning property can work well when it is structured thoughtfully. The right form of ownership depends on your relationship, financial contributions, and long-term goals. If you are buying with a partner, sibling, or parent, we can help you evaluate joint tenancy versus tenancy in common and draft an agreement that addresses real-world scenarios.
At LaFountain & Wollman, P.C., we work with Massachusetts buyers to structure ownership clearly from the start. If you are preparing to purchase or want to revisit how your current property is titled, contact us to discuss your options and protect your interests before problems arise.