Massachusetts General Laws

Mass. Gen. Laws ch. 209, § 3 (2026)

Transfers between husband and wife

✓ current as of July 2026

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Section 3. Transfers of real and personal property between husband and wife shall be valid to the same extent as if they were sole.

Notes of Decisions

Cited in 14 cases, 1927–2014 · leading case: MacDonald v. Caruso, 5 N.E.3d 831 (Mass. 2014).

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MacDonald v. Caruso, 5 N.E.3d 831 (Mass. 2014). “See G. L. c. 209, § 3. The Legislature also recognized that modification may be sought by a plaintiff, by a defendant, or jointly by all parties, and that a motion to modify may seek to revise the terms of an abuse prevention order or to terminate the order itself.”

Allen v. Allen, 16 N.E.3d 1078 (Mass. App. Ct. 2014). “9 McOuatt, supra at 415-416 (applying then-existing version of G. L. c. 209, § 3). Here, as in McOuatt, the deed included a facially correct certificate of acknowledgment, with the required signature and recitals, and was recorded.”

Gordon v. Gordon, 398 N.E.2d 497 (Mass. App. Ct. 1979). · cites it 4× “The sole issue on appeal is whether a deed dated December 15, 1970, signed by the husband and wife and conveying to the wife alone the real estate originally held by the parties as tenants by the entirety was “duly acknowledged” as required by G. L. c. 209, § 3, as in effect…”

Witherington v. Eldredge, 162 N.E. 300 (Mass. 1928). · cites it 2× “209, § 3, which is as follows: "Gifts of personal property, and conveyances of real estate other than mortgages, between husband and wife, shall be valid to the same extent as if they were sole, except that no such conveyance of real estate shall have any effect, either in…”

Nash v. Lang, 167 N.E. 762 (Mass. 1929). “G. L. c. 209, § 3. The plaintiff made application for registration of the automobile in her own name.”

Malaguti v. Rosen, 160 N.E. 532 (Mass. 1928). “G. L. c. 209, § 3, provides that no conveyance of real estate between husband and wife shall have any effect until the deed is duly acknowledged and recorded.”

Ames v. Chandler, 265 Mass. 428 (Mass. 1929). “304, now G. L. c. 209, § 3, in substance that conveyances of real estate other than mortgages between husband and wife shall, upon due record of deed thereof, be valid to the same extent as if they were sole.”

US v Baker, 2014 DNH 176 (D.N.H. 2014). · cites it 2× “31, 1980) (citing Mass. Gen. Laws ch. 209, § 3 (1980) (“[N]o .”

Whitney v. Buck, 330 N.E.2d 213 (Mass. App. Ct. 1975). “See also G. L. c. 209, § 3. The plaintiffs, who are the wife’s heirs at law and beneficiaries (with her husband) under the will, are two nieces with whom she had always been friendly, but remarks attributed to her indicated that she felt that they had otherwise been well taken…”

R.L.H. v. T.E.L., 514 N.E.2d 855 (Mass. 1987). “Complaints which include a request for an order relative to custody or visitation must be filed in the Probate Court, G. L. c. 209, § 3 (a), and actions brought pursuant to c.”

Newhall v. Casey, 18 F.2d 447 (D. Mass. 1927). “At the time these transfers were made it was lawful in Massachusetts for a husband to make a gift of personal property to his wife, which after his decease would give her a valid title to the property against his heirs, providing there was actual delivery of the property to the…”

Hamlet v. Hamlet, 212 N.E.2d 246 (Mass. 1965). · cites it 2× “” In support of this argument the defendant appears to rely in great measure on G. L. c. 209, § 3, which requires deeds between husband and wife to be duly acknowledged and recorded in order for the conveyance of real estate to have any effect.”

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