Declaration of Homestead
Declaration of Homestead Matters 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 you be doing all that you 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, this declaration prevents creditors from taking your home to satisfy debts up to amounts set in the law. At DiBella Law Offices, P.C., our Massachusetts real estate attorney is ready and able to help you understand the process and take advantage if you are eligible.
Contact our Methuen, Boston, and Burlington real estate lawyers online to learn more.
A Declaration of Homestead should be an important part of any estate plan that provides for your family and your heirs. 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. Additionally, filing a declaration does not prevent you from selling the property, leaving it to someone in your will, or other issues. Our experienced Massachusetts real estate lawyer would be happy to explain the details and costs involved in the filing process.
Please 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, or condominium unit, 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.
- Homesteads can be filed by a sole owner or by any of the owners if there is more than one.
- Homestead Act protection will not stop enforcement of court-ordered payments or if debts involve duress or fraud, and does not stop foreclosure on your mortgage or debts incurred before filing the declaration.
If you would like to learn more about Homestead Declarations and how to safeguard your home, call our firm today at (781) 262-3338. We offer free consultations in any of our three offices: Burlington, Methuen, and Boston.