Declaration of a Homestead in Massachusetts

A declaration of a homestead helps protect your home.

Declaring a homestead in the Commonwealth of Massachusetts allows homeowners to protect the value of their property. Filling out this form allows homeowners and renters to legally protect up to $500,000 of the value of their residence and only takes minutes.

Function

Declarations of Homestead are designed to protect homeowners and renters in case of death, a levy on execution, a sale levy or to satisfy debts up to $500,000 per residence per family. They can only be filed for primary residences. In hard economic times, declarations of homestead help protect against eviction or foreclosure.

Seniors and the Disabled

The Commonwealth of Massachusetts offers additional rights in their Declaration of Homestead for people over age 62 and anyone with physical or mental disabilities. Massachusetts residents falling under those categories are eligible for protection for up to $500,000 each, rather than per family.

Execution

The Commonwealth of Massachusetts' Declaration of Homestead form can be obtained online from the Massachusetts Registry of Deeds. Once filled out, it must be signed, notarized and sent to the Registry of Deeds along with a $35 execution fee.

References

• Massachusetts Registry of Deeds: Homestead Act Questions & Answers
• Massachusetts Trial Course Law Library: Homestead Laws
• The Forum for Massachusetts Law: What is a Declaration of Homestead?

Resources

• Massachusetts Registry of Deeds