Ways to hold title to a home in Massachusetts

Why the deed wording matters

The way you take title is set by a few words in the deed that the seller signs at closing. The closing attorney drafts it from what you tell them, so the decision needs to be made before the attorney sends the draft, usually in the week or two before closing. Changing title later means a new deed, new recording fees and possibly questions from your lender and insurer.

Massachusetts has a default rule. A conveyance to two or more people, married or not, creates a tenancy in common unless the deed expressly says they take jointly, as joint tenants, or with a right of survivorship. Two other wording rules trip people up: a deed to spouses that says only “jointly” creates a joint tenancy, not a tenancy by the entirety; and a deed to people who are not married “as tenants by the entirety” creates a joint tenancy.

The main forms side by side

A short comparison. Each line is general; your attorney applies it to your facts.

Spouses and tenancy by the entirety

Under the Massachusetts statute, spouses who hold as tenants by the entirety are equally entitled to the rents, control and possession of the property. The interest of a debtor spouse cannot be seized or sold on execution by that spouse’s creditor as long as the home is the principal residence of the nondebtor spouse. Both spouses remain liable for necessaries, and a debt both of you owe is a different matter.

Because the protection is tied to the marriage and to the home being a principal residence, it changes with divorce, a sale or a move. It is one reason married buyers often choose this form for the home they live in, and a reason to check the deed wording on your draft rather than assume.

Trusts: nominee and revocable

Two kinds of trust are common in Massachusetts. A nominee trust holds title in the trustee’s name while the beneficiaries make the decisions; the list of beneficiaries is usually kept by the trustee rather than recorded, though a name can still appear in the public record if a beneficiary also serves as trustee or another recorded document names them. A revocable living trust is usually part of an estate plan and lets the home pass without probate. A trustee’s certificate naming the trustees and confirming their authority is a common way to show authority, and buyers and lenders who rely on one in good faith are protected. The closing attorney decides which documents to record based on the trust and the type of title.

If you need a mortgage, the trust has to pass the lender’s rules. Fannie Mae accepts an inter vivos revocable trust when, among other conditions, it was set up by the borrower, the borrower is the primary beneficiary, a settlor or an institutional trustee serves as trustee, the trustee has power to mortgage, and for a principal residence at least one settlor lives in the home and signs the loan documents. The title insurer must also give full coverage without an exception for the trust. Send the trust document to the lender early; a review late in the process can push the closing.

Moving a home you already own into a trust is a separate step. For a home of fewer than five units, federal law bars the lender from calling the loan due because of a transfer into an inter vivos trust in which the borrower stays a beneficiary and keeps occupancy. Still tell your lender, title insurer and homeowners insurer before you record the deed. Under the homestead law, a deed to a trustee of a trust for your own benefit does not end your existing homestead.

Companies and other entities

Some buyers ask about buying through an LLC. For a home financed with a conventional loan this is usually not available: Fannie Mae underwrites individuals as borrowers, with the trust arrangement above. Buying in a company name generally means a different loan product, different terms and different insurance, and it can affect personal benefits that depend on an individual owner living in the home. Ask the lender and your attorney before you sign the purchase and sale agreement in a company’s name.

Cash purchases by companies and trusts were the target of a federal reporting rule that a court set aside in March 2026; our FinCEN update tracks its status.

Decide with an estate planning attorney

The closing attorney often represents the lender and drafts the deed; the choice of ownership form is yours. If you have children from an earlier relationship, co-owners who are not married, owners abroad, or meaningful assets, book an hour with an estate planning attorney before closing. Bring the draft deed, the trust document if any, and a short note of what you want to happen if one owner dies or wants out.

After closing, keep a copy of the recorded deed and any trustee’s certificate. If you later marry, divorce, add a co-owner or set up a trust, ask the attorney whether the deed, the homestead declaration and the insurance need to change at the same time.