Massachusetts Homestead Exemption
The Massachusetts Homestead Exemption
Members of Parker Scheer’s Real Estate practice group strongly encourage homeowners in Massachusetts to take advantage of a simple but underutilized law that permits homeowners to protect a significant portion of equity in their principal residence from potential creditors. Massachusetts General Laws Chapter 188, § 1 allows the owner(s) of a primary residence, for the benefit of themselves or their family, to exempt the first Five Hundred Thousand ($500,000.00) in home equity from attachment, levy on execution, or sale for payment.
The mechanism is relatively simple. A Declaration of Homestead, prepared for the owner, executed by them, and recorded at the Registry of Deeds in the County where they reside, provides the protection allowed by statute.
The estate of homestead, or “homestead exemption”, provides protection and security to homeowners, eliminating the threat that the equity in their principal residence could be exposed to satisfy common debts or obligations.
There are limited exceptions to the obligations afforded homestead protection:
A town, city, the Commonwealth of Massachusetts, federal government, or other taxing entity may attach property or force a sale to collect taxes owed;
Debts contracted prior to the acquisition (declaration) of the homestead are not exempt. Obligations which arise from any personal obligation, including negligence are included, but for obligations other than contract, it must be reduced to a judgment before the exception is triggered;
Debts related to the purchase of the home (most commonly, mortgages) are not exempt.
Orders of the probate court to collect obligations for the support of a spouse or minor children may be enforced over a Declaration of Homestead.
There may also be lower exemption for parties filing bankruptcy so it is important that you speak with an experienced real estate attorney to clarify these issues.
One quirk in the statute is that while it provides protection to an “owner or owners”, and for a single person or a family, “only one owner may acquire an estate of homestead in any such home.” Joint owners, including spouses, should therefore give serious consideration to which individual is more likely to incur liability for a claim that is not covered by insurance.
Finally, special provisions apply to the “elderly” (defined by statute as age sixty-two or older) or disabled, as defined by statute. Unlike the homestead discussed above, all qualifying owners may declare a homestead, allowing for greater protection. These special homestead provisions are governed by Massachusetts General Laws chapter 188, § 1A.
Download this document in Word Format
Contact a Massachusetts Real Estate Lawyer
For more information regarding the preparation and filing of a homestead, or if you are looking for a real estate lawyer in Massachusetts, please contact Rob D. Stewart. If you prefer, you can also telephone our offices in Boston seven days a week at toll free 866-414-0400.
Ryan P.B. Kelly is an associate and a member of Parker Scheer's Corporate and Real Estate Practice Groups. Mr. Kelly's corporate practice involves the formation and organization process, governance, business finance, strategic planning, the structure, terms and negotiation of various contracts, management and ownership succession, and a wide variety of other legal issues that arise in the course of conducting a business and planning for its future.