Confirming Ownership Percentage in Massachusetts Real Property

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Confirming Your Percentage Ownership Interest in Massachusetts Real Property

Quick summary: To confirm whether you own a percentage of your parents’ real property in Massachusetts, you must search the recorded deed and land records, check for any wills or trusts, review probate or trust filings, and—when necessary—hire a title company or attorney to do a formal title search or bring a court action. This article explains the steps, common ownership types, and practical tips to verify your legal interest.

Detailed answer — how to confirm your ownership percentage

1. Start with the recorded deed and land records

The single best place to confirm ownership is the recorded deed for the property. Deeds and recorded instruments (mortgages, assignments, releases, liens) are kept at the county Registry of Deeds or on the statewide MassLandRecords system. Search for the most recent deed that transferred title to your parents and any later documents that changed ownership.

Useful links:

What to look for on the deed

  • Names of owners and the exact language of the grant. Deeds sometimes allocate fractional interests (for example, “to A as to an undivided one-half interest, and to B as to an undivided one-half interest”).
  • Words showing the type of ownership: phrases like “as tenants in common,” “as joint tenants with right of survivorship,” or “as tenants by the entirety.” These terms determine survivorship rights and how interests pass at death.
  • If the deed is silent about type of tenancy, note the names and consider the common-law presumptions (see next sections) and ask a title professional to interpret the recorded language.

2. Understand common ownership forms and how they affect percentages

Common ownership forms you will see (and what they usually mean for percentage):

  • Tenancy in common — Each owner holds a distinct, fractional share. A deed may specify fractions (one-half, one-third, etc.). If the deed conveys property to two or more people without specifying otherwise, courts often treat ownership as tenancy in common, typically with equal shares unless the deed indicates different proportions.
  • Joint tenancy (with right of survivorship) — Owners hold equal shares with a right of survivorship; when one owner dies, their share automatically passes to the surviving joint tenant(s). Joint tenancy usually implies equal shares.
  • Tenancy by the entirety — A form of ownership available to married couples in Massachusetts. It gives the couple a single legal owner with survivorship; individual fractional interests are generally not recognized while both spouses live.
  • Life estate or remainder interests — The deed might give one person a life estate (use for life) and name another as remainder owner. This creates different present and future interests and affects the current percentage of ownership in a legal way.
  • Trust ownership — If the parents transferred title into a trust, the trustee holds legal title. The trust document controls who has beneficial interests; you need to review the trust to determine your percentage.

3. Check wills, trusts, and probate filings

If your parents have a will or a trust, those documents can create or recognize ownership interests. If a parent has died, property held as tenants in common generally becomes part of the deceased owner’s probate estate unless it had a survivorship feature. Massachusetts’ probate rules and intestacy law are in the Probate Code; you can read the statute for guidance:

Mass. Gen. Laws ch. 190B (Probate and Family Court matters).

Search probate court records at the Probate & Family Court in the county where the decedent lived: Massachusetts Probate & Family Court.

4. Look for recorded transfers, liens, or agreements that affect shares

Recorded mortgages, lien releases, deeds of gift, partition agreements, and court judgments can change ownership percentages or create encumbrances. Pull the chain of title all the way back to the deed where your parents acquired title and forward to the present to spot any changes.

5. When the deed language is unclear or you have an unrecorded claim

If the records don’t show your ownership but you have an unrecorded agreement (for example, you contributed money for purchase or improvements), you may have an equitable claim (resulting trust, constructive trust, or other remedies). These claims require legal proof and often require an attorney. Similarly, if family members disagree, a partition action or declaratory judgment in court may be needed to confirm shares or force sale.

6. Hire a title company or real estate / probate attorney for a definitive answer

A licensed title company can provide a formal title report showing recorded ownership and any recorded interests. A real estate or probate attorney can interpret documents, advise whether you have an equitable interest, and, if necessary, file actions (probate, quiet title, partition) to establish or defend your interest.

Practical step-by-step checklist

  1. Get a copy of the current deed from MassLandRecords or the county Registry of Deeds.
  2. Read the deed carefully for ownership type and any listed fractions.
  3. Search the chain of title for earlier deeds, liens, and recorded transfers.
  4. If a parent has died, check probate records and any trust documents.
  5. If the deed is unclear or you have an off-record claim, contact a title company or attorney for a formal title search and legal advice.

When you can act without an attorney

You can pull deeds and recorded documents yourself using MassLandRecords and the Registry of Deeds websites. For a clear, recorded fractional interest (for example, a deed that says you own “one-third”), you can rely on those records. For disputes, unrecorded agreements, or complicated family situations, consult an attorney.

Relevant Massachusetts resources

Helpful Hints

  • Collect documents before you search: deed, mortgage statements, property tax bills, closing statements, wills, trust documents, and any written family agreements.
  • Exact language matters. Save a copy of the recorded deed and highlight key phrases like “as tenants in common” or specific fractions.
  • If a deed conveys to multiple people but does not specify fractions, assume you may need a title professional to determine the likely legal presumption in Massachusetts.
  • Don’t rely on a verbal agreement. Only recorded documents or court orders reliably bind third parties and later purchasers.
  • If your name is not on the recorded deed, you generally have no legal ownership interest unless there is a recorded document, a trust naming you, a probate order, or you can prove an equitable claim (contribution to purchase, written agreement).
  • When parents plan to sell: ask for copies of the deed and any trust documents early. If the property is jointly owned, every co-owner must typically sign a deed to convey their interest.
  • For complex questions (possible equitable interests, partition, or disputes), hire a Massachusetts-licensed real estate or probate attorney or a title company for a full title report.

Disclaimer: This article explains general Massachusetts law concepts and practical steps for confirming ownership percentages. It does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in Massachusetts or a title professional.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.