Massachusetts Quitclaim Deed
A Massachusetts quitclaim deed (or quit claim deed) carries limited covenants. Notarize it and record at the registry of deeds. Attorney review available.
Introduction
A quitclaim deed transfers whatever ownership interest the person signing it, the grantor, holds in a piece of real estate to the person receiving it, the grantee. In most states a quitclaim makes no promise at all about the title. Massachusetts is different, and this is the point most people miss. A Massachusetts deed on the statutory 'Quitclaim Deed' form is the customary deed used to sell a home here, and it carries limited 'quitclaim covenants' under M.G.L. Chapter 183 Sections 11 and 17: the grantor promises only that the grantor has placed no encumbrance (a lien, mortgage, or other claim) on the property and will defend the title against claims coming by, through, or under the grantor, but against no one else. It is not the no-promise instrument other states call a quitclaim. A full warranty deed (Chapter 183 Section 16) promises much more, guaranteeing clear title against every claim. The truly covenant-free deed in Massachusetts is a 'release deed', a deed of quitclaim and release under Chapter 183 Section 2. To be recorded, a Massachusetts deed must be signed by the grantor and acknowledged before a notary, who confirms the signer's identity (Chapter 183 Sections 29 and 30); no witnesses are required. You then record it at the registry of deeds for the county where the land lies. Attorney review is available as an option before you sign.
Key Things to Know
- 1
A quitclaim deed transfers whatever ownership interest the grantor has to the grantee. In most states it comes with no warranty of title, but in Massachusetts the statutory quitclaim deed instead carries limited 'quitclaim covenants', which is why it is the common deed used for ordinary home sales here.
- 2
Record it at the registry of deeds. A Massachusetts deed is recorded in the office of the register of deeds for the county or district where the land lies (M.G.L. Chapter 183 Section 4). Recording protects the grantee against later buyers who lack actual notice. Registered (Land Court) land is filed instead with the assistant recorder for that Land Court district (Chapter 185 Section 57).
- 3
Sign before a notary. The grantor must sign the deed (M.G.L. Chapter 183 Section 3), and no deed can be recorded unless it carries a notary acknowledgment certificate (Chapter 183 Sections 29 and 30). The acknowledgment, not the signature alone, is what makes the deed recordable.
- 4
No witnesses are required. Massachusetts law does not require subscribing witnesses for a deed. The grantor's signature plus a notary acknowledgment is all the execution the registry needs.
- 5
Recite the full sale price and pay the deeds excise. Every Massachusetts deed must recite the full consideration, the total price, on its face (M.G.L. Chapter 183 Section 6). The state charges a deeds excise tax of about $2.28 per $500 of consideration ($2.85 per $500 in Barnstable County) under Chapter 64D Section 1 and DOR Directive 89-14, paid as excise stamps at recording. Bona fide gifts and transfers of $100 or less are exempt (Directive 89-16).
- 6
There is a Massachusetts statutory form, sometimes typed as a 'quit claim deed'. The state publishes a 'Quitclaim Deed' statutory form in the Appendix to Chapter 183 (Chapter 183 Section 8), given legal effect by Chapter 183 Section 11. You may alter it as circumstances require, and other forms are also allowed.
- 7
Watch the homestead rule when conveying your home. Massachusetts is not a community-property state, so a co-owner spouse signs only if on title. But to end an estate of homestead when deeding the home to a non-family member, the deed must be signed by the owner and any non-owner spouse or former spouse who lives there as a principal residence, or that spouse must sign a separate recorded homestead release (M.G.L. Chapter 188 Section 10). Common uses include divorce transfers, adding or removing a spouse, and moving a home into a trust.
Key decisions before you file
Before you file a Quitclaim Deed in Massachusetts, a few decisions shape the document: which option to choose and what each one means. The Quitclaim Deed guide walks through them.
Open the Quitclaim Deed guideCustomize your Quitclaim Deed Template with DocDraft
Massachusetts Requirements for Quitclaim Deed
The grantor (the person giving up the interest) must sign the deed under M.G.L. Chapter 183 Section 3, and the deed must carry a notary acknowledgment certificate to be recorded (Chapter 183 Sections 29 and 30). A notary public or justice of the peace within the commonwealth may take the acknowledgment. Without it the register of deeds will not accept the deed.
Massachusetts does not require subscribing witnesses for a deed. The recording sections of Chapter 183 call for the grantor's signature (Section 3) and a notary acknowledgment (Section 29), not witnesses, so notarization is the operative formality that makes the deed recordable.
Record the signed, acknowledged deed in the office of the register of deeds for the county or district where the land lies (M.G.L. Chapter 183 Section 4). Until it is recorded, the conveyance is not valid against later parties who lack actual notice of it. Registered (Land Court) land is filed instead with the assistant recorder for that Land Court district (Chapter 185 Section 57).
Every Massachusetts deed presented for recording must contain the grantee's full name, residence, and post office address, plus a recital of the full consideration (the total price) in dollars, or the nature of the consideration if it is not a set sum (M.G.L. Chapter 183 Section 6). A register of deeds will not accept a deed that omits this recital.
Massachusetts charges a deeds excise tax on the sale, paid as excise stamps at recording. The effective rate is about $2.28 per $500 of consideration, or fraction of it ($2.85 per $500 in Barnstable County), under M.G.L. Chapter 64D Section 1 and Mass. DOR Directive 89-14. The excise is computed on the full consideration, excluding any lien or encumbrance remaining on the property.
The deeds excise applies only when the consideration exceeds $100, so a deed for $100 or less owes none (M.G.L. Chapter 64D Section 1). A bona fide gift, a deed given without consideration, is also exempt (Mass. DOR Directive 89-16), as are deeds securing a debt and deeds to which the commonwealth, a Massachusetts city or town, or the United States is a party.
A Massachusetts statutory quitclaim deed is not a no-promise deed. Under M.G.L. Chapter 183 Sections 11 and 17 its quitclaim covenants promise that the grantor placed no encumbrance on the premises and will defend against claims by, through, or under the grantor, but against none other. For a deed with no covenants at all, use a release deed (a deed of quitclaim and release, Chapter 183 Section 2).
Massachusetts is not a community-property state, so a co-owner spouse signs only if named on title. But to terminate an estate of homestead when deeding the home to a non-family member, the deed must be signed by the owner and any non-owner spouse or former spouse who lives there as a principal residence, or that spouse must sign a separate recorded homestead release (M.G.L. Chapter 188 Section 10). This matters for divorce transfers and adding or removing a spouse.
Frequently Asked Questions
A quitclaim deed, sometimes written quit claim deed, transfers whatever interest the grantor holds in Massachusetts real estate to the grantee. Unlike in most states, a Massachusetts statutory quitclaim deed is not a no-promise deed. Under M.G.L. Chapter 183 Sections 11 and 17 it carries limited 'quitclaim covenants': the grantor promises only that the grantor placed no encumbrance on the property and will defend against claims by, through, or under the grantor, but against none other. It is the customary deed used in ordinary Massachusetts sales.
The difference is how much the grantor promises. A Massachusetts warranty deed (Chapter 183 Section 16) guarantees clear title against every lawful claim, whoever it comes from. A Massachusetts quitclaim deed (Chapter 183 Sections 11 and 17) promises far less: the grantor covers only encumbrances the grantor personally created and defends only against claims arising by, through, or under the grantor. So a quitclaim covers the grantor's own acts but gives no protection against title problems that predate the grantor.
A release deed, formally a deed of quitclaim and release under M.G.L. Chapter 183 Section 2, is the deed that carries no covenants at all. It conveys all the estate the grantor could pass but makes no promise about title, even as to the grantor's own acts. It is what people in other states usually mean by a 'quitclaim'. The Massachusetts statutory quitclaim deed is a step up from that, because it adds the limited quitclaim covenants of Chapter 183 Section 17.
Yes. To record a quitclaim deed in Massachusetts the grantor must sign it and it must carry a notary acknowledgment. M.G.L. Chapter 183 Section 29 says no deed can be recorded without an acknowledgment certificate, and Section 30 lets a notary public or justice of the peace within the commonwealth take that acknowledgment. Without it the register of deeds will not accept the deed.
Record the signed, acknowledged deed at the registry of deeds for the county or district where the property sits (M.G.L. Chapter 183 Section 4). Bring the full-consideration recital required by Section 6 and pay the deeds excise as excise stamps. Many registries also accept electronic recording through contracted vendors such as Simplifile, CSC, or EPN, though availability varies. Registered (Land Court) land is filed with that district's assistant recorder (Chapter 185 Section 57).
The deeds excise is about $2.28 per $500 of consideration, or fraction of it, across most of the state, and $2.85 per $500 in Barnstable County, under M.G.L. Chapter 64D Section 1 and Mass. DOR Directive 89-14. The excise applies only when the consideration exceeds $100, so a deed for $100 or less, and a bona fide gift for no consideration, owe no excise (Directive 89-16).
No. Recording your deed at the registry of deeds for the county or district (M.G.L. Chapter 183 Section 4) passes your ownership interest, but it does not reach the lender's mortgage lien. If your name is on the note, you stay personally liable on the loan even after you sign your interest away. Only the lender can release you, by refinancing the loan into the other owner's name or signing a formal release. A quitclaim deed alone cannot do that.
No. A Massachusetts statutory quitclaim deed carries only limited 'quitclaim covenants' under M.G.L. Chapter 183 Sections 11 and 17: the grantor warrants against encumbrances he made and claims coming through him, but against none other, while the fully covenant-free instrument is the release deed of Section 2. It does not erase existing liens or guarantee clean title. Because an unrecorded deed is not valid against a later buyer who lacks actual notice of it (Section 4), prompt recording plus a title search and an owner's title insurance policy are the protections a quitclaim cannot give.