Why should I opt for a Declaration of Homestead?

An Estate of Homestead is a type of protection for a person’s residence, in the form of a document called a “Declaration of Estate of Homestead”. The form is filed at the Registry of Deeds in the county where the property is located, referencing the title/deed to the property. It allows homeowners in Massachusetts to protect their property up to $500,000 of the value per residence, per family.

How am I protected?

The real property or manufactured  home which serves as an individual’s  principal residence upon  filing a declaration of Homestead, shall be protected  against  subsequent attachment, levy on execution or sale to satisfy debts  to the  extent of $500,000 per  residence, per  family.

The statute further states that “For  the purposes of this Chapter,  the word ‘family’ shall include  either a parent and a child or children, a  husband and wife and  their children, if any, or a sole owner”. Thus, a single person who is the sole owner of a primary residence may file for a Homestead protection to the extent of $500,000.

Are my spouse and children covered, should I pass away?

Yes.  Should the parent who declares the Homestead die, the law protects the residence until the youngest unmarried child reaches the age of eighteen and until the surviving spouse dies or remarries.

How am I protected if I am 62 or older, or disabled?

The  real property or manufactured homes of persons sixty-two years  of  age or older, regardless of marital status, or of a disabled  person or persons,  regardless of age, shall be protected against  subsequent attachment, seizure or  execution of judgment to the  extent of five hundred thousand dollars each.

Real property or manufactured homes must serve as an individual’s principal residence and each individual filing will be eligible for protection up to a maximum amount of five hundred thousand dollars each regardless of whether such declaration is filed individually or jointly with another. Elderly persons filing jointly, regardless of marital status, will be exempt up to five hundred thousand dollars each. Be sure to use the proper homestead form when you file.

For more information, visit the Massachusetts Secretary of the Commonwealth's website

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