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Declaration of Homestead

Declaration of Homestead

Protect Your Family's Home
A Guide to The Homestead Act in Massachusetts.

For most of us, a house is the biggest investment we will ever make and the largest asset we will ever own. Most importantly, it is the place that we call home. Shouldn’t we be doing all that we can to safeguard this important asset? To help you protect your home in case you are ever sued, the Massachusetts Legislature established an easy and inexpensive procedure that allows any homeowner to file a ‘Declaration of Homestead.’ Once filed, creditors cannot take your home to satisfy debts up to amounts set in the law. It should also be an important part of any estate plan that provides for your family and your heirs.

All homeowners should review the following qualifiers to see if you are eligible to file a Homestead Declaration:

  • You can file for protection on a home that you own only if it is your and / or your family’s principal residence. The home can be a single or multi-family dwelling, apartment house, condominium unit, etc. -- just as long as it is a primary residence;
  • An owner can claim Homestead Act protection regardless of marital status or the presence of children in the home;
  • The Homestead Act does not apply to a secondary residence, such as a cottage or summer home, and you cannot claim more than one estate;
  • Homestead can be filed by a sole owner, or by any of the owners if there is more than one. (Only one person should file to protect a family residence, except if there are two owners and both are either disabled or over the age of 62. In this instance, it is advantageous for both to file);
  • Homestead Act protection will not stop enforcement of court ordered payments (child support, unpaid taxes, etc.) or if debts involve duress, fraud, etc, and does not stop foreclosure on your mortgage or debts incurred before filing the declaration;
  • Where there is only one owner, or if one of the owners is under age 62 and not permanently disabled, effective October 25, 2000, The Homestead Act offers $500,000 of protection. If there are two owners and both are at least 62 years old or permanently disabled, each may file separately under The Homestead Act for protection worth $1,000,000 (disability must be proven with a letter from the Social Security Administration or a signed letter from your own doctor);

It is also important to remember the following facts:

  • If a declaration has been filed and more than one owner becomes disabled or reaches age 62, a new declaration should be filed to increase the protection;
  • Filing a declaration does not prevent you from selling the property, leaving it to someone in your will, etc;

To file a Declaration of Homestead, you will need to know the ‘book and page’ numbers of your recorded deed (or the ‘Certificate of Title number’ in the case of registered land). The fee to file a declaration is $35.

Declarations must be filed in the Registry of Deeds in the county where you live. If you are not in Massachusetts, contact your state's equivalent of the Registry of Deeds to see if a similar Homestead law exists in your state.

Should you have further questions, please feel free to contact our office.

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