How does joint tenancy with right of survivorship work in Massachusetts?
In Massachusetts, a deed to two or more people, or to a husband and wife, creates a tenancy in common unless it says the grantees take jointly, as joint tenants, in joint tenancy or to them and the survivor of them, or the deed manifestly shows an intent to create a joint tenancy. Massachusetts recognizes tenancy by the entirety: a person’s deed to themself and their spouse as tenants by the entirety creates one, and a devise to a person and their spouse creates one if the will expressly says so. A deed to spouses that says they take jointly or as joint tenants creates a joint tenancy, not a tenancy by the entirety, and a deed to two people who are not married to each other as tenants by the entirety creates a joint tenancy. Spouses are equally entitled to control property they hold by the entirety, and while it is the principal residence of the nondebtor spouse, a debtor spouse’s interest cannot be seized by that spouse’s creditor. The words in the deed decide which kind of ownership was created, so read the deed itself. This is M.G.L. c. 184, §§ 7, 8; c. 209, § 1.
| What | Massachusetts |
|---|---|
| A deed to two or more people | Tenancy in common unless the deed says joint tenancy |
| What it means | Tenancy in common unless the deed declares survivorship |
Source
M.G.L. c. 184, §§ 7, 8; c. 209, § 1
Read the statute in the General Laws of Massachusetts (Massachusetts Legislature): malegislature.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
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The same question in other states
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