How do I show that my wife is not the sole owner of the property she inherited?

Full question:

When my wife and I purchased our Condominium in Cambridge, MA in 1990, my wife's mother assisted us with a loan. A mortgage for the amount was prepared. Each year afterward, she forgave each of us $10,000 in interest and principal. When she died some years ago, my wife, her only child, was her only beneficiary, and I was the executor. Thus, my wife inherited the mortgage, which nullified it as far as we are concerned. However, it is still listed at the registry of deeds. It appears that we need to file a quitclaim deed, but I don't know quite how to describe the transaction formally and legally.

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Massachusetts

Answer:

I am unable to determine the ownership on the current deed from your question, or whether the wife's mother was named on the deed. A mortgage is typically cancelled on the records at the recorder's office by filing a satisfaction of mortgage. The executor or administrator of a mortgagee or of the holder or owner of an indebtedness secured by a mortgage or deed of trust shall, if the indebtedness was paid to the decedent in his lifetime, will acknowledge the satisfaction by delivering a release, satisfaction of mortgage or deed of release of the mortgage or deed of trust or acknowledge of satisfaction, which may be filed at the recorder's office.

Joint tenancy is a form of ownership by two or more individuals together that differs from other types of co-ownership in that the surviving joint tenant immediately becomes the owner of the whole property upon the death of the other joint tenant. State law, which varies by state, controls the creation of a joint tenancy in real property. Joint tenancy property passes outside of probate; however, it may be severed so that the property becomes part of one person's estate and passes to that person's heirs. Each joint tenant has an equal, undivided interest in the whole property, and may enter onto, take possession of the whole, occupy, and use every portion of the common property at all times and in all circumstances. All joint tenants, and their spouses, must sign deeds and contracts to transfer or sell real estate.

On the other hand, if the deed provides for ownership as tenants in common, each owner will own a portion of the property, which may be unequal, but each will have the right to possess the entire property. There is no "right of survivorship" if one of the tenants in common dies, and each interest may be separately sold, mortgaged or willed to another. Upon the death of a tenant in common there must be a court supervised administration of the estate of the deceased to transfer the interest in the tenancy in common.

When a person dies, their assets are distributed in the probate process. If a person dies with a will, an executor is named to handle the distribution of the estate. If the person dies without a will, the court appoints an administrator to distribute the decedent's assets according to the state's laws of intestacy. In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process. To dispose of the real property interests of the decedent, the executor or administrator executes an executor's deed or fiduciary deed. For example, if a person who is a joint tenant dies without a will, the administrator of the estate can execute a fiduciary deed transferring their interest to the remaining joint tenants, or other person entitled to receive the interest under intestacy laws of the state.

In the case of a life tenant who holds a life estate, when the life tenant dies, their interest may pass to the remaindermen. Title may also return to the person giving or deeding the property or to his/her surviving children or descendants upon the death of the life tenant--this is called "reversion."