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Massachusetts Agencies

Deed From in Own Right


A deed from "H and W, in her own right" will pass any fee title that the husband has, as he is one of the grantors. It just happens to be that this form was also frequently used even when the wife only was in title, because the husband would then be liable on the covenants if the property was in fact his, although held on his behalf by the wife. See Crocker's Notes on Common Forms, Little, Brown & Co., (Seventh Edition, 1955), §49.

A deed in which only one spouse appears a s a grantor but the other spouse, who is also in title, joins to release dower and homestead "and all other rights" will not pass the second spouses fee title. See Barnes v. Springfield, 268 Mass. 505, 168 N.E. 78 and Anttila v. A. E. Lyon Co., 222 Mass. 126, 109 N.E. 950.