Massachusetts Quitclaim Deed

What Is a Massachusetts Quitclaim Deed?

A Massachusetts statutory quitclaim deed under M.G.L. c. 183 § 11 is not the same as a no-warranty quitclaim deed in many other states. The statutory Massachusetts quitclaim form carries special-warranty-equivalent covenants: the grantor warrants against encumbrances made by the grantor and against lawful claims by, through, or under the grantor, but against none other.

When to Use a Quitclaim Deed in Massachusetts

• Using the standard Massachusetts statutory conveyance form with grantor-period warranty protection.
• Transferring Massachusetts recorded land where the parties intend the § 11 statutory quitclaim covenant scope.
• Working with Massachusetts counsel, title, or settlement professionals who expect the statutory quitclaim form.
• Handling a non-closing transfer only after confirming the statutory covenant scope is appropriate.

Massachusetts Requirements for Quitclaim Deeds

• Signing: The grantor signs the deed. Massachusetts does not have a universal homestead spouse-joinder rule for every deed, but homestead-release, tenancy by the entirety, title ownership, and marital-status affidavit issues can require legal review.
• Notarization: Massachusetts deeds must be acknowledged before a notary or other authorized officer before recording.
• Witnesses: Massachusetts does not require witnesses for ordinary deeds recorded by acknowledgment.
• Recording: Record the deed with the appropriate Registry of Deeds district. If the property is registered (Torrens) land, follow Land Court and registry registration procedures rather than ordinary recorded-land handling.
• Deeds Excise / Local Fees: Massachusetts deeds excise is generally $2.28 per $500 of consideration statewide, with a higher Barnstable County rate of $6.48 per $1,000 ($3.24 per $500) and possible local overlays such as Nantucket, Martha's Vineyard, or Community Preservation Act fees.
• Nonresident Withholding: For closings on or after November 1, 2025, Massachusetts nonresident real-estate withholding can apply to nonresident sellers on transfers with a gross sales price of $1,000,000 or more.
• Attorney / Title Review: Massachusetts is an attorney-closing state for residential 1-4 family title transfers, including cash and financed closings. Use Massachusetts counsel or title support for residential closings and registered-land matters.
• Legal Description: Use the full legal description from a prior deed, title commitment, registered-land certificate, plan, survey, or other reliable title source. A street address or parcel number alone is usually not enough.

Quitclaim Deed vs Warranty Deed in Massachusetts

Massachusetts terminology differs from many states. The statutory Massachusetts quitclaim deed under § 11 is a special-warranty-equivalent deed, not a pure no-warranty quitclaim. A statutory warranty deed under § 10 is broader because it warrants and defends against the lawful claims of all persons. A true no-covenant release or quitclaim situation should be reviewed with Massachusetts counsel or a title company. Massachusetts has no separate “grant deed” category.