Natick, MA asked in Real Estate Law for Massachusetts

Q: I'm buying my In laws house and my husband will be on the title but not the loan, do I still need a title 5 inspection?

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2 Lawyer Answers
Christopher Tolley
Christopher Tolley
Answered
  • Boston, MA
  • Licensed in Massachusetts

A: The DEP website says:

When you DON'T need an inspection

Transfers between certain family members: Title 5 does not require a system inspection if the transfer is of residential real property, and is between the following relationships:

Between current spouses;

Between parents and their children;

Between full siblings; and

Where the property is held in a trust. See the "Guidance on Exemptions from Title 5 System Inspections" : https://www.mass.gov/files/documents/2017/09/26/t5famex_0.pdf

Hope this helps.

Timothy E. Angley agrees with this answer

Timothy E. Angley
Timothy E. Angley
Answered
  • Plymouth, MA
  • Licensed in Massachusetts

A: Hi,

You will not need a Title V inspection as the transfer from your husband's parents to a child of theirs falls under the exemption under M.G.L.c. 21A, section 13.

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