One common estate planning question that homeowners and soon-to-be-homeowners in Massachusetts ask is what is the best way to hold title to their real estate. In Massachusetts, co-owners who purchase real estate have three choices as to how they take title in the deed: (1) tenants in common; (2) joint tenants; and (3) tenants by the entirety. Each has its own criteria, and pros and cons that are important when deciding how to purchase your property.
The first way of holding title to real estate in Massachusetts is the default form of title for non-married persons: tenants in common. If a deed does not specify how the property is held, Massachusetts law automatically holds that it is held as tenants in common.
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