SECTION 1.Section 7 of chapter 184 of the General Laws is hereby amended by striking out the second sentence and inserting the following three sentences: The instrument of conveyance or devise may specify the percentage interest to be held by each party. A conveyance or devise to two or more persons as tenants in common or as joint tenants, or a declaration of such a tenancy as provided in section 8, shall create the tenancy stated in the instrument or devise, without regard to whether the percentage interests of those persons are equal. A conveyance or devise of land to a person and his spouse shall, if the instrument creating the conveyance or devise expressly so states, vest in the grantees or devisees a tenancy by the entirety;
SECTION 2. Said section 7 is hereby further amended by adding at the end of said section the following sentence: The term “land” as used in this section shall include any interest in land.
SECTION 3.Said chapter 184 is hereby amended by striking section 8 and inserting in place thereof the following section:
Section 8. Real estate may be transferred or devised to two or more persons, including any of the grantors, as joint tenants, tenants in common, or in the case of a married couple, as tenants by the entirety, or as a combination thereof, in the same manner in which it might be transferred to another person. Persons who hold title to real estate may elect to record a declaration of the tenancy under which they choose to hold their title, or proportionate share with the other co-tenants joining in such declaration, and such declaration, once recorded, shall operate to create the form of tenancy among such co-tenants that is stated in said declaration.
Each of those persons holding title by virtue of a deed, devise or declaration shall hold an equal percentage interest in the title, unless, in the case of real estate owned by tenants in common or joint tenants, a contrary intent manifestly appears in the instrument of transfer, devise, or declaration. The term “real estate” as used in this section shall include any interest in real estate.
As used in this section, the word “person” shall mean a natural-born person. The word “person” shall not include individuals acting as trustees of a trust or as partners in a partnership.
SECTION 4.The provisions of this Act shall take effect January 1, 2022 and shall apply to instruments and documents, including wills, that are recorded or filed before, on or after said date.
The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.