Massachusetts General Laws

Mass. Gen. Laws ch. 209, § 1A (2026)

Tenants by entirety under older deed; electing treatment of tenancy

✓ current as of July 2026

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Section 1A. Tenants by the entirety holding under a deed dated prior to February eleventh, nineteen hundred and eighty may elect to have their tenancy treated as being subject to the provisions of chapter seven hundred and twenty-seven of the acts of nineteen hundred and seventy-nine; provided, however, that such election is made in writing, identifying the real estate with reference to the book and page of the registry of deeds wherein such deed is filed. Such election shall be executed by the grantees named as tenants by the entirety on the deed who are electing to be subject to this section, duly notarized, and recorded in said registry.

Notes of Decisions

Cited in 6 cases, 1994–2005 · leading case: Maloni v. Fairway Wholesale Corp. (In Re Maloni), 282 B.R. 727 (1st Cir. BAP 2002).

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Maloni v. Fairway Wholesale Corp. (In Re Maloni), 282 B.R. 727 (1st Cir. BAP 2002). “Mass. Gen. Laws Ann. ch. 209 § 1A (West 2001).”

Somerset Sav. Bank v. Goldberg, 166 B.R. 776 (D. Mass. 1994). · cites it 2× “On August 4, 1992, Goldberg recorded a tenancy by the entirety election pursuant to M.G.L. c. 209, § 1A. On October 30,1992 (more than 90 days after Somerset’s levy and seizure by execution), Goldberg filed a voluntary Chapter 7 bankruptcy petition with the United States…”

Maynard Realty Corp. v. Testa, 835 N.E.2d 262 (Mass. App. Ct. 2005). · cites it 3× “On August 6, 2001, for reasons not apparent on the record, she and Joseph executed an election under G. L. c. 209, § 1A, which provided in relevant part that “[tjenants by the entirety holding under a deed dated prior to February eleventh, nineteen hundred and eighty may elect…”

Shwachman v. Meagher, 699 N.E.2d 16 (Mass. App. Ct. 1998). “283, codified as G. L. c. 209, § 1A, gave tenants by the entirety under deeds executed prior to February 11,1980, the right to elect to convert their tenancy to one subject to the provisions of St.”

In Re Conroy, 224 B.R. 282 (Bankr. D. Mass. 1998). “In 1989, the legislature enacted Mass.Gen.Laws ch. 209, § 1A, which allows tenancies created before 1980 to elect to come within chapter 209.”

United States Trust Co. v. Einreinhofer, 2 Mass. L. Rptr. 424 (Mass. Super. Ct. 1994). “On May 18, 1994, Einreinhofer and his wife made and recorded their election under G.L.c. 209, §1A with respect to the Sudbury property, thereby invoking the protection of G.”

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