SENATE DOCKET, NO. 1233        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 937

The Commonwealth of Massachusetts

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PRESENTED BY:

Cynthia Stone Creem

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to clarify the rights of joint owners of real property and abolish certain inconsistent or archaic rules.

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PETITION OF:

SENATE DOCKET, NO. 1233        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 937

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 970 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to clarify the rights of joint owners of real property and abolish certain inconsistent or archaic rules.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

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 December 31, 2024 and shall apply to instruments and documents, including wills, that are recorded or filed before, on or after said date.