Key Takeaways
- Massachusetts recognizes tenancy in common, joint tenancy, and tenancy by the entirety
- Tenancy by the entirety is only for married couples and provides creditor protection
- Massachusetts is a separate property (common law) state, not community property
- Homestead protection provides up to \$500,000 equity protection from creditors
- Joint tenancy requires four unities: time, title, interest, and possession
Last updated: January 2026
Property Ownership in Massachusetts
Understanding property ownership forms is essential for Massachusetts real estate practice.
Co-Ownership Types
Tenancy in Common (TIC)
| Feature | Detail |
|---|---|
| Default form | If not specified |
| Unequal shares | Allowed |
| No survivorship | Interest passes by will |
| Freely transferable | Can sell share |
| Partition | Can force sale |
Joint Tenancy
| Feature | Detail |
|---|---|
| Equal shares | Required |
| Right of survivorship | Survivor inherits |
| Four unities | TTIP required |
| Can be severed | By sale or partition |
The Four Unities (TTIP)
| Unity | Meaning |
|---|---|
| Time | Acquired at same time |
| Title | Same deed/document |
| Interest | Equal shares |
| Possession | Equal right to possess |
Memory aid: TTIP = Time, Title, Interest, Possession
Tenancy by the Entirety
| Feature | Detail |
|---|---|
| Who | Married couples only |
| Survivorship | Automatic |
| Creditor protection | Individual debts cannot attach |
| Cannot sever | Unilaterally |
| Divorce | Converts to TIC |
Massachusetts Homestead
Homestead Protection
Massachusetts has strong homestead protection:
| Feature | Detail |
|---|---|
| Amount | Up to $500,000 equity |
| Automatic | $125,000 automatic |
| Declared | $500,000 if recorded |
| Purpose | Protect from creditors |
| Primary residence | Must be principal home |
Filing Declaration
| Step | Description |
|---|---|
| 1. Complete form | Homestead declaration |
| 2. Record | At Registry of Deeds |
| 3. Protection | Up to $500,000 |
What Homestead Protects Against
| Protected From | NOT Protected From |
|---|---|
| Unsecured creditors | Mortgage foreclosure |
| Credit card debt | Property tax liens |
| Medical bills | IRS tax liens |
| Lawsuits | Child support |
Who Qualifies
| Eligible | Requirements |
|---|---|
| Homeowner | Must own property |
| Primary residence | Must live there |
| Family | Protects family members |
| Seniors/disabled | Enhanced protection |
Separate Property State
Massachusetts is NOT a community property state:
| Concept | MA Rule |
|---|---|
| Property acquired | By individual spouse |
| Divorce | Equitable distribution |
| Not automatic 50/50 | Court decides fair share |
| Separate property | Stays with owner |
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Test Your Knowledge
What is the maximum homestead protection available in Massachusetts if properly declared?
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Test Your Knowledge
What are the four unities required for joint tenancy in Massachusetts?
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