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How do I file a quitclaim deed in Massachusetts?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

1. Quitclaim vs Warranty Deed

Important: a Massachusetts "quitclaim deed" is NOT a pure quitclaim — by statute (G.L. c. 183 § 17) it includes covenants that the grantor is lawfully seised and has the right to convey, AND that the premises are free of encumbrances made by the grantor. It is functionally a "special warranty deed" in other states. A pure no-warranty deed in MA is called a "release deed."

2. Common Uses

Standard MA residential conveyance form, divorce transfers, interspousal transfers, gifts, trust funding, clearing prior conveyance defects.

3. Execution Formalities

G.L. c. 183 § 29 — deed must be signed by the grantor and acknowledged before a notary or other authorized officer. No subscribing witnesses required.

4. Required Contents

Grantor and grantee names with addresses, legal description (often referencing a Registered Land certificate or Recorded Land plan), words of conveyance ("does hereby grant" with quitclaim covenants per § 17), consideration recital. The deed should reference the prior deed's book/page.

5. Recording

County Registry of Deeds where the land sits (G.L. c. 36 § 13); Registered Land tracts via Land Court at the same registry. Recording fee $155 flat for a deed (post-2019 unified fee).

6. Transfer Tax

Deeds Excise tax: $4.56 per $1,000 of consideration (G.L. c. 64D § 1) — $2.28 per $500. Barnstable, Dukes, and Nantucket counties add a Land Bank fee. Spousal transfers and gifts (zero consideration) are exempt. Divorce-decree transfers are exempt.

7. Title Insurance Limits

MA title insurers will generally insure a MA "quitclaim deed" because of the § 17 covenants, but a "release deed" (true no-warranty) requires more review.

8. Pitfalls

The MA quitclaim DOES carry covenants — different from most states. Doesn't release mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) protects family transfers.

9. Special Local Rules

Registered Land (Land Court) vs Recorded Land tracts have different filing procedures within the same registry.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Registered Land tract requiring Land Court protocol
  • Divorce decree transfer with mortgage outstanding
  • Trust funding with deeds excise exemption
Related Statutes & Laws
  • G.L. c. 183 § 11
  • G.L. c. 183 § 17
  • G.L. c. 64D § 1

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.