How do I file a quitclaim deed in Massachusetts?
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.
- Registered Land tract requiring Land Court protocol
- Divorce decree transfer with mortgage outstanding
- Trust funding with deeds excise exemption
- 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.