Mass. General Laws c.188 § 13

Effect of statement of marital status of grantor contained in deed, release or mortgage; affidavit of grantor, releaser or mortgagor as to existence of spouse

This is an unofficial version of a Massachusetts General Law. For more information on this topic, please see law about homestead.

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Updates

Amended by St.2022, c.175, § 30F, effective November 8, 2022

Section 13

A recorded deed, release, mortgage, affidavit or other instrument of conveyance containing a statement of any facts set forth in clauses (6), (7) or (8) of subsection (a) of section 10 may be relied upon by a good faith purchaser for value and shall be conclusive proof of the parties, if any, then entitled to claim an estate of homestead.  An affidavit pursuant to clause (7) of subsection (a) of section 10 shall be accepted in the appropriate registry of deeds or registration district of the land court. The subsequent residency or renewal of residency in the home by a grantor or spouse of the grantor, releaser or mortgagor shall not defeat the priority of a mortgage, release or conveyance accepted in reliance on such recorded deed, release, mortgage, affidavit or other instrument of conveyance.

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Last updated: August 10, 2022

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