This guide is general information, not legal advice. For your specific situation, consult a licensed Massachusetts real estate attorney.
What is a quitclaim deed?
A quitclaim deed is a legal document that transfers whatever ownership interest one person (the grantor) has in a property to another person (the grantee), without guaranteeing that the title is clear. In Massachusetts, the quitclaim deed is actually the most common deed used in everyday home sales, and it is also widely used to move property between family members, add or remove a spouse, or place a home into a trust or LLC.
When Massachusetts homeowners use a quitclaim deed
- Adding or removing a spouse from the title after marriage or divorce
- Transferring a home to an adult child or other relative
- Moving a property into a living trust or LLC for estate planning
- Clearing up ownership after inheriting a house
How to file a quit claim deed in Massachusetts, step by step
- Locate the current deed. You will need the exact legal description and the book and page number from the existing recorded deed.
- Prepare the new quitclaim deed. It must name the grantor and grantee, include the legal description, state the consideration, and use the statutory Massachusetts quitclaim language. Many people have an attorney draft it to avoid errors.
- Sign before a notary. The grantor must sign the deed in front of a notary public.
- Record it at the Registry of Deeds. In Springfield and the rest of Hampden County, deeds are recorded at the Hampden County Registry of Deeds. Recording makes the transfer part of the public record.
- Pay the recording fee and any excise tax. Massachusetts charges a deed excise tax (transfer tax) on most sales; family transfers for nominal consideration are often exempt. The registry can confirm current fees.
Quitclaim deed vs. warranty deed
A warranty deed guarantees the grantor holds clear title and will defend it. A quitclaim deed makes no such promise; it simply passes along whatever interest the grantor has. That is why quitclaim deeds are common between people who already trust each other, or in standard MA sales backed by title insurance.
Need to sell a house you received by quitclaim deed?
If you have inherited or been given a home in Springfield or anywhere in Hampden County and want to sell it fast, Western Mass Cash Home Buyers can help. We buy houses for cash in any condition, with no repairs, agent fees, or commissions, and we handle the paperwork. Call (413) 288-4889 for a free, no-obligation cash offer, or visit our home page to learn more.