Massachusetts Homestead Filing

Important Information about Massachusetts Homestead Protections and the Law

What it is:

The Massachusetts Homestead Act is a law under which a homeowner may establish an Estate of Homestead. A homestead estate provides limited protection of the value of the home, up to $500,000, against unsecured creditor claims. The Homestead Act is Massachusetts General Laws (MGL) Chapter 188.

 

The homestead estate is designed to protect home ownership from execution and forced sale, so long as the owner or covered family member occupies or intends to occupy the property as his or her principal place of residence.

How it's established: 

A Homestead is established by filing a Declaration of Homestead at the Registry of Deeds for the county where your property is located.   The form will ask for the name of the owner, the property address and the title reference of the property. The title reference is the Book and page of the owner’s recorded deed, certificate of title number (if the property if registered land), or probate court docket number (for inherited property).  The signed form is required to be notarized before filing. For a disabled person’s homestead declaration, a disability letter must be attached.

There are two types of Homestead Declaration. The standard form of homestead declaration is filed under Section 1 of the Homestead Act.  The second form is for an elderly or disabled person and is filed under Section 1A. 

Section 1: Homestead Declaration under Section 1 may be filed by an owner of a home for the benefit of his or her family. Although only one owner files, a declaration filed by one spouse benefits both, and their children.

 

Section 1A: An elderly (age 62 or older) or disabled person may declare a Homestead under Section 1A. The Section 1A homestead benefit does not extend to other family members, but each qualified owner may file separately.  A "disabled person"  is  defined as an individual having a permanent physical or mental impairment meeting the disability requirement for supplemental social security. If filing a disabled person’s homestead declaration, you must attach to the Homestead form a certified copy of a disability letter issued by the United States Social Security Administration, or a letter signed by a licensed physician registered with the Massachusetts Board of Registration in Medicine that states the declarant is disabled as defined in 42 USC 1382 (a) (3) (A) and (C).

What it protects:

Under both sections the property must be occupied as a principal residence, and the extent of the homestead protection is $500,000.

Upon filing a Declaration of Homestead, the homestead estate is exempt from attachment, execution or forced sale for payment of “non-exempted” debts.

 

The following are exempt from Homestead protection: federal, state and local taxes and liens; mortgages contracted for purchase of the home and most other mortgages; debts and encumbrances existing prior to the filing of the declaration of Homestead; probate court executions for spousal or child support; attachments on land not owned by the owner of the homestead; probate court executions for child support and spousal support; and court ordered executions in cases of fraud, mistake, duress, undue influence, and lack of capacity.

 

For more information, please consult an attorney.