Massachusetts General Laws

Mass. Gen. Laws ch. 209, § 1 (2026)

Married persons; separate property and property held as tenants by entirety; liability for debts

✓ current as of July 2026

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Section 1. The real and personal property of any person shall, upon marriage, remain the separate property of such person, and a married person may receive, receipt for, hold, manage and dispose of property, real and personal, in the same manner as if such person were sole. A husband and wife shall be equally entitled to the rents, products, income or profits and to the control, management and possession of property held by them as tenants by the entirety.

The interest of a debtor spouse in property held as tenants by the entirety shall not be subject to seizure or execution by a creditor of such debtor spouse so long as such property is the principal residence of the nondebtor spouse; provided, however, both spouses shall be liable jointly or severally for debts incurred on account of necessaries furnished to either spouse or to a member of their family.

Notes of Decisions

Cited in 64 cases (3 in the last 5 years), 1925–2023 · leading case: Coraccio v. Lowell Five Cents Sav. Bank, 612 N.E.2d 650 (Mass. 1993).

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Coraccio v. Lowell Five Cents Sav. Bank, 612 N.E.2d 650 (Mass. 1993). · cites it 5× “1 She also claimed that the bank violated G. L. c. 209, § 1 (1990 ed.), which equalizes the rights of husbands and wives in property held by the entirety, and G.”

Turner v. Greenaway, 459 N.E.2d 821 (Mass. 1984). · cites it 4× “At issue is whether G. L. c. 209, § 1, as appearing in St. 1979, c.”

In Re Snyder, 231 B.R. 437 (Bankr. D. Mass. 1999). · cites it 5× “Massachusetts courts still look to the common law for most of its attributes, except that, with respect to tenancies by the entirety created after February 11, 1980, the common law was modified in certain respects by statute, G.L. c. 209, § 1, “in an attempt to equal *442 ize…”

Bakwin v. Mardirosian, 6 N.E.3d 1078 (Mass. 2014). · cites it 3× “G. L. c. 209, § 1. Although the debtor spouse’s interest in the tenancy by the entirety may be attached, the nondebtor spouse is protected from execution against that property during his or her lifetime, so long as the property is his or her principal residence (and in certain…”

Peebles v. Minnis, 521 N.E.2d 1372 (Mass. 1988). · cites it 3× “The plaintiff contends that G. L. c. 209, § 1 (1986 ed.), prohibits the attachment so long as the property remains his principal residence.”

Roch v. Mollica, 113 N.E.3d 820 (Mass. 2019). “2d 294 (1946), superseded on other grounds by G. L. c. 209, § 1. We are not aware of a statute that expressly repeals common-law transient jurisdiction, and "[w]e decline to interject such an intent into the plain language of" the jurisdictional statutes.”

In Re McConchie, 94 B.R. 245 (Bankr. D. Mass. 1988). · cites it 3× “Mass.Gen. Laws ch. 209 § 1. The statutory tenancy-by-the-entirety grants both the husband and the wife equal rights to possession, profits, and survivorship of the principal residence of the couple.”

Lewis v. Lewis, 351 N.E.2d 526 (Mass. 1976). “They provide inter aha that a married woman may hold and dispose of both real and personal property (G. L. c. 209, § 1), may enter into contracts in her own name (G.”

In Re Abdallah, 39 B.R. 384 (Bankr. D. Mass. 1984). · cites it 2× “Under a revised statute, Mass.Gen.Laws ch. 209 § 1, which became effective February 11, 1980, where property is held as tenants by the entirety, both the husband and wife are entitled equally to the rents and profits from, and the use, control and possession of, the property in…”

Salem v. Coombs (In Re Coombs), 86 B.R. 314 (Bankr. D. Mass. 1988). · cites it 2× “727 (amending Mass.Gen.L. ch. 209, § 1). The statute does not apply, however, to tenancies by the entirety, such as this one, created prior to February 11, 1980.”

In Re Robbins, 187 B.R. 400 (Bankr. D. Mass. 1995). · cites it 2× “Finding that G.L. c. 209, § 1 “is, at best, a limited conditional exemption statute,” 94 B.”

Discenza v. MacDonald (In Re MacDonald), 50 B.R. 255 (Bankr. D. Mass. 1985). “Chapter 727 of the Acts of 1979 amending Mass.Gen. Laws ch. 209 § 1 may apply only to tenancies created on or after February 11, 1980 with the common law governing those tenancies created before February 11, 1980.”

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