Massachusetts Quitclaim Deed: Covenants, Recording and Excise Tax

In Massachusetts, a quitclaim deed is not the no-promise deed the word means in much of the country. Under G.L. c. 183, § 11, a deed that follows the statutory "Quitclaim Deed" form has "the force and effect of a deed in fee simple" with limited covenants from the grantor: the property is free of encumbrances the grantor made, and the grantor will defend the title against anyone "claiming by, through or under the grantor, but against none other" (chapter 183, § 17 calls these quitclaim or limited covenants).

To be recorded, the deed needs a certificate of acknowledgment, usually taken by a notary public or justice of the peace (c. 183, §§ 29 and 30), and it is recorded in the registry of deeds for the county or district where the land lies (c. 183, § 4). For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Massachusetts General Laws chapter 183 (deeds and recording), chapter 185, § 57 (registered land), chapter 188, § 10 (homestead), chapter 64D (deeds excise) and chapter 262, § 38 (registry fees), plus the federal mortgage and gift-tax rules that apply in every state. It does not cover title insurance, lender underwriting, local property tax exemptions, Cape Cod and Islands land bank fees, or any other state's law.

What a Massachusetts quitclaim deed promises

In many states, "quitclaim" describes a deed that passes whatever interest the grantor has and promises nothing about the title. Massachusetts uses the word differently. Under c. 183, § 11, a deed "in substance following the form entitled" Quitclaim Deed, once duly executed, has "the force and effect of a deed in fee simple" to the grantee, "with covenants on the part of the grantor."

Those covenants are limited. The grantor covenants that the property is free from encumbrances the grantor made, and that the grantor and the grantor's heirs, executors and administrators "shall, warrant and defend the same to the grantee and his heirs and assigns forever against the lawful claims and demands of all persons claiming by, through or under the grantor, but against none other." Section 17 of chapter 183 defines this set as "quitclaim covenants" or "limited covenants."

In plain terms, the grantor answers for title problems the grantor created, but not for defects that came from earlier owners. A Massachusetts warranty deed under c. 183, § 10 carries covenants that run against the claims of all persons, not just those claiming through the grantor. For how the two deed types compare nationally, see our guide to quitclaim vs. warranty deeds.

Is there an official Massachusetts quitclaim deed form?

Chapter 183, § 8 says the forms in the appendix to the chapter "may be used and shall be sufficient for their respective purposes," that they "may be altered as circumstances require," and that authorizing them "shall not prevent the use of other forms." This page does not reproduce the appendix wording itself.

A registry of deeds can tell you its recording requirements but cannot give legal advice. A Massachusetts lawyer can prepare a deed that fits your situation.

How to sign a quitclaim deed in Massachusetts

Under c. 183, § 1, a deed "executed and delivered by the person, or by the attorney of the person, having authority therefor" is sufficient to convey land "without any other act or ceremony," subject to the recording rule in § 4. Recording then adds its own conditions, and a registry will turn away a deed that does not meet them.

Missing the § 6 or § 6A items keeps a deed off the record, but under those sections the failure does not affect the deed's validity. Section 6 also defines "full consideration" as "the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining thereon."

Section 30 provides for acknowledgment before a justice of the peace or notary public within Massachusetts, and it also covers signing elsewhere. In another state, the acknowledgment may be taken before a justice of the peace, notary public, magistrate or a commissioner appointed by the Massachusetts governor, or before another officer authorized there to take acknowledgments of deeds if a certificate of authority in the form prescribed by § 33 is attached (§ 30(b)).

Outside the United States, it may be taken before a justice of the peace, notary, magistrate or commissioner as § 30(b) provides, or before an ambassador, consul or other consular officer or agent of the United States accredited to that country (§ 30(c)).

Does a spouse have to sign a Massachusetts quitclaim deed?

Massachusetts has no general rule that a spouse who is not on the title must join a deed. A married person may dispose of property as if single (c. 209, § 1), transfers between spouses are valid as if the spouses were single (c. 209, § 3), and dower and curtesy were repealed (chapter 189 was repealed by St. 2008, c. 521, § 6).

The spousal issue that does matter is the homestead under chapter 188. An automatic homestead protects up to $125,000 of a home's value, and a declared homestead up to $1,000,000 (c. 188, §§ 1 and 4). A homestead declaration cannot be created within a deed (§ 5(c)).

Under c. 188, § 10(a), a homestead ends with a deed to a person who is not a family member signed by the owner and any resident non-owner spouse or former spouse (§ 10(a)(1)); with a deed stating that the grantor is unmarried or that the property is not the grantor's home (§ 10(a)(6)); with a deed that includes a statement certified under the penalties of perjury that no spouse or former spouse is entitled to a homestead or that the property is not the home of the grantor's spouse or former spouse (§ 10(a)(7)); or with a recorded affidavit under c. 183, § 5B. A deed to a trustee of a trust for the grantor's own benefit does not end that grantor's existing homestead, which continues as to the grantor's interest as trust beneficiary (§ 10(a)(1)).

Section 10(b) adds a rule that catches many family quitclaims:

"No deed between spouses or former spouses or co-owners who individually or jointly hold an estate of homestead under section 3 or section 4 and no deed between a trustee and a trust beneficiary or between a life tenant and a remainderman shall terminate the homestead unless each co-owner, spouse, former spouse, trust beneficiary or remainderman entitled to the benefit of the homestead has executed an express release thereof" G.L. c. 188, § 10(b)

So a quitclaim from one spouse to the other, or between former spouses, leaves the homestead in place unless everyone entitled to it signs an express release. In a divorce, § 10(a)(9) adds that the divorce judgment or decree itself releases the homestead of a spouse whom it requires to convey title to the home to the other spouse, or of a spouse who was not an owner and was awarded neither title nor possessory rights in the home. If the deed is part of a divorce, see our overview of Massachusetts divorce laws, and ask a lawyer whether a release belongs with your deed.

Where to record a quitclaim deed in Massachusetts

For unregistered land, the deed is recorded "in the registry of deeds for the county or district in which the land to which it relates lies" (c. 183, § 4). You can search a registry's records and learn how its indexes work in our guide to Massachusetts property records.

Massachusetts has a notice-type recording act. Under § 4, an unrecorded conveyance "shall not be valid as against any person, except the grantor or lessor, his heirs and devisees and persons having actual notice of it." Recording is what protects the new owner against a later purchaser who had no actual notice of the deed.

Registered (Land Court) land

Land registered with the Land Court works differently. Under c. 185, § 57, "The act of registration only shall be the operative act to convey or affect the land," and until then a deed of registered land operates only as a contract between the parties. The deed goes to the assistant recorder's office for the registry district rather than the ordinary recorded-land books.

Recording fees

Chapter 262, § 38 sets the base fee: "For recording a deed or conveyance, $100." A Community Preservation Act surcharge of $50 under c. 44B, § 8 is added to registry fees. Registries publish their own totals: Plymouth County's fee schedule lists $155 for a deed (as of January 1, 2024), plus $1 postage for unregistered land. Use your registry's current schedule rather than a figure from another county.

Format standards and e-recording

The Norfolk County Registry of Deeds, applying the Massachusetts Deed Indexing Standards, requires pages "no larger than 8.5 inches by 14 inches" printed "on one side only," legible, with margins and blank space on the first page for the recording stamp; each Register keeps discretion to record a document that does not comply. Other registries publish their own standards.

Electronic recording is run registry by registry. Plymouth's fee schedule page links an Electronic Recording resource, and Norfolk publishes e-filing information. Ask your registry whether it accepts electronic recording.

Massachusetts deeds excise on a quitclaim deed

Massachusetts taxes deeds under chapter 64D, often called the deeds excise. Section 1, as published on the Legislature's site, sets the tax at $2 when the consideration, "exclusive of the value of any lien or encumbrance remaining thereon at the time of the sale," "exceeds one hundred dollars and does not exceed five hundred dollars," plus $2 "for each additional five hundred dollars or fractional part thereof." In Barnstable County the statute sets $1.50 for each $500.

Barnstable County also levies its own county deeds excise, and the Barnstable registry lists a combined state and county rate of $6.48 per $1,000 of stated value for deeds with consideration of $100 or more.

Registries do not all publish the statutory figure. Norfolk's registry lists $2.28 per $500, and Plymouth's lists $4.56 per $1,000. This page does not state a single statewide rate; use your registry's published schedule.

Who pays: under c. 64D, § 2, "The tax imposed by this chapter shall be paid by the person who makes or signs the deed, instrument or writing, or for whose benefit the same is made or signed." Payment is shown by stamps affixed to the deed, and the register may refuse to record a deed that lacks the required stamps. The deeds excise statute described here calls for no separate state transfer declaration form.

When no deeds excise is due

• Consideration of $100 or less. The statute taxes consideration that "exceeds one hundred dollars." Norfolk's registry says no excise is due "where the consideration stated is less than $100.00."
• Debt security and government parties. Chapter 64D "shall not apply to any instrument or writing given to secure a debt or to any deed, instrument or writing to which the commonwealth, a city or town of the commonwealth, or the United States or any of their agencies are a party" (§ 1).

How the Department of Revenue treats gift, divorce or trust transfers under chapter 64D is a question for the Department. Keep in mind that the consideration recited in the deed under c. 183, § 6 is the full price without deducting liens, but the excise in c. 64D, § 1 is measured on the consideration "exclusive of the value of any lien or encumbrance remaining thereon at the time of the sale." Ask the registry how it applies this to your deed before recording.

No municipal transfer tax was found in the chapter 64D sections read. Barnstable County levies its own county deeds excise in addition to the state excise. This page does not cover Cape Cod and Islands land bank fees or local property tax effects, so check with the registry and your city or town assessor.

Does a quitclaim deed remove me from the mortgage?

No. A deed changes who owns the property; it does not change who owes the loan. Under 12 CFR 191.5(b)(4), the lender releases the existing borrower when, before the transfer, the lender and the new owner agree in writing that the new owner will be obligated on the loan.

Many mortgages let the lender demand full payment when the property is transferred. Federal law limits that power for some family transfers. For a loan on residential property with fewer than five dwelling units (12 U.S.C. 1701j-3(d)), 12 CFR 191.5(b) applies the limits to "any loan on the security of a home occupied or to be occupied by the borrower," and protects:

• a transfer where the spouse or children of the borrower become an owner, and a transfer under a divorce decree, legal separation agreement or incidental property settlement by which the spouse becomes an owner, when the new owner occupies or will occupy the property;
• a transfer into a living trust in which the borrower "is and remains the beneficiary and occupant of the property," with the notice condition in § 191.5(b)(1)(vi);
• a transfer by devise, descent or operation of law on the death of a joint tenant or tenant by the entirety.

These exceptions do not cover every transfer, such as one to a sibling or friend, and under § 191.5(b)(5) a later event can disqualify a transfer that once fit. Read the loan documents and contact the loan servicer before signing.

Gifts to family: federal gift tax basics

The IRS says the gift tax "applies to the transfer by gift of any type of property," including real estate given for less than full value. For 2026 the annual exclusion is $19,000 per recipient. A tax professional can explain whether a gift of a house or a share of one requires anything further from you.

Deed fraud alerts at Massachusetts registries

Deed fraud alerts in Massachusetts are run by individual registries; this page identifies no statewide program.

• Norfolk County: the registry's free Consumer Notification Service sends an email when a document is recorded under a registered name in a Norfolk community. If you believe a fraudulent document has been recorded against your property, the registry asks you to call its Customer Service Center at 781-461-6101, and then contact law enforcement.
• Plymouth County: the registry's free Property Fraud Alert notifies registered owners each time a document is recorded in their name.

The FBI's Internet Crime Complaint Center, in a June 2026 public service announcement, advised property owners to check whether their county recording office offers notification services. If you live in another county, ask your registry whether it offers one.

Transfer-on-death deeds in Massachusetts

Whether any Massachusetts statute authorizes a transfer-on-death deed is not settled here, so ask a Massachusetts lawyer before relying on one. For passing a home at death, see our guide to Massachusetts probate and talk to a Massachusetts lawyer.

Common myths about Massachusetts quitclaim deeds

• "A quitclaim deed carries no warranty." Not in Massachusetts. The statutory quitclaim carries limited covenants against claims made by, through or under the grantor (c. 183, § 11).
• "A quitclaim deed is not valid until it is recorded." For unregistered land, the deed is good against the grantor, the grantor's heirs and devisees, and people with actual notice; recording protects against later purchasers without actual notice (c. 183, §§ 1 and 4). For registered land, registration is the operative act (c. 185, § 57).
• "Signing a quitclaim deed takes me off the mortgage." It does not. Only the lender can release a borrower (12 CFR 191.5(b)(4)).

Related

• Quitclaim deed rules by state
• Massachusetts property records
• Quitclaim vs. warranty deed
• Massachusetts divorce laws
• Massachusetts probate

Disclaimer: This article provides general legal information about Massachusetts quitclaim deeds under Massachusetts General Laws chapters 64D, 183, 185, 188 and 262, verified on 2026-10-08. It is not legal or tax advice. For your situation, contact the registry of deeds for your county or district (registry staff cannot give legal advice), a legal aid office, or a lawyer licensed in Massachusetts.

Last updated: 2026-10-08.

Frequently Asked Questions

Does a Massachusetts quitclaim deed come with a warranty?

Yes, a limited one. Under G.L. c. 183, § 11, the grantor covenants that the property is free of encumbrances the grantor made and will defend title against claims by, through or under the grantor, but against no one else.

How do I file a quitclaim deed in Massachusetts?

Have the grantor's signature acknowledged (c. 183, §§ 29-30), include the grantee's name, residence and post office address and the consideration (§ 6), and record the deed at the registry of deeds for the county or district where the land lies (§ 4). Registered land is filed with the assistant recorder for the district (c. 185, § 57).

Does a quitclaim deed need to be notarized in Massachusetts?

To be recorded, yes: § 29 bars recording without a certificate of acknowledgment or proof of due execution, and § 30 provides for acknowledgment before a justice of the peace or notary public, with other officers allowed when signing outside Massachusetts. The deed sections cited above do not require a witness.

How much does it cost to record a quitclaim deed in Massachusetts?

Chapter 262, § 38 sets $100 for recording a deed, and a $50 Community Preservation surcharge under c. 44B, § 8 is added. Registries publish their own totals; Plymouth lists $155 for a deed as of January 1, 2024.

Do you pay the deeds excise on a Massachusetts quitclaim deed?

Only when the consideration, not counting liens or encumbrances remaining on the property, exceeds $100. The statute sets $2 per $500, but registries publish their own rates (Barnstable County, which adds its own county excise, lists a combined $6.48 per $1,000), and the tax is paid by the person who makes or signs the deed or for whose benefit it is made (c. 64D, §§ 1-2).

Does my spouse have to sign a quitclaim deed in Massachusetts?

There is no general joinder rule; a married person may convey as if single (c. 209, § 1). But a deed between spouses, former spouses or co-owners does not end a homestead unless each person entitled to it signs an express release (c. 188, § 10(b)), although a divorce judgment can itself release a spouse's homestead (§ 10(a)(9)).

Does a quitclaim deed remove me from the mortgage?

No. The deed changes ownership, not the loan; under 12 CFR 191.5(b)(4), a borrower is released when, before the transfer, the lender and the new owner agree in writing that the new owner will be obligated on the loan.

Is a quitclaim deed valid in Massachusetts if it is not recorded?

For unregistered land it is valid against the grantor, the grantor's heirs and devisees, and people with actual notice, but not against others (c. 183, § 4). For registered land, registration is the operative act (c. 185, § 57).

Does Massachusetts allow transfer-on-death deeds?

This page identifies no Massachusetts statute authorizing a transfer-on-death deed, though one could exist; ask a Massachusetts lawyer. A Massachusetts lawyer can explain other ways to pass a home at death.