Estate in Common

• In Massachusetts, a devise of land to two or more persons, or to a husband and wife, creates a tenancy called an estate in common unless stated otherwise. Each tenant has the right to possess the entire estate. When one tenant dies, the other tenants do not have survivorship rights. Instead, the tenant's interest passes to his heirs.
  
  

Joint Tenancy

• To create a joint tenancy in Massachusetts, the devise or conveyance must expressly state that the tenants take interest to the property as joint tenants with the right of survivorship. If a conveyance to two people states that the tenants will hold title as tenants by the entirety and the people are not married, the devise has created a joint tenancy. A joint tenancy is appropriate for two or more people. Each joint tenant owns an equal share of the property. Because right of survivorship exists, the other tenants automatically receive the deceased tenant's share without having to go through probate.
  
  

Tenancy by the Entirety

• Tenancy by the entirety is an interest in property only applicable to a married couple in Massachusetts. Both spouses have the right to the entire property, but neither can dispose of the property without the consent of the other spouse. This means that a creditor cannot seize the property to collect a debt owed by only one spouse. If one spouse dies, the surviving spouse automatically receives title to the property.
  
  

Quitclaim Deed

• A quitclaim deed in Massachusetts conveys or transfers the interest the conveyor has in the property to another person, typically a family member. Although the deed transfers a property interest, the deed does make any promises, guarantees or warranties about the property. A valid deed must contain the names of the grantor and grantee, a legal description of the property, the county in which the property is located, the amount paid for the property (if any) and the signature of a notary public and the grantor.