Massachusetts law about homestead

Laws, forms, cases, and web & print sources on homestead law.

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Best bet

Homestead protection law, Mass. Legal Help, 2025.
Explains homestead protection and how to file for it, and also provides answers to common questions.

Massachusetts laws

MGL c. 188 Homesteads:

$1,000,000  Declared exemption

• Automatically protects up to $125,000 in home equity without filing
• Protects up to $1,000,000 for those who file for homestead protection
• Allows both spouses to file
• Clarifies that there is no need to re-file after refinancing
• Provides coverage for homes kept in trusts and much more

MGL c. 188, § 2 Homestead protection for elderly or disabled persons

MGL c. 188, § 10 Termination of estate of homestead
Nine different methods for terminating a homestead. "A divorce judgment or decree of a court competent jurisdiction shall release the homestead of a spouse who (a) is required therein to convey title to the home to the other spouse, or (b) was not an owner of the home and was not awarded therein either title or possessory rights in the home."

MGL c. 235, § 34 (cl.14) Bankruptcy exemption for estates of homestead

MGL c. 236, § 18 Homestead property; levy of execution

Forms

Declaration of homestead for homes owned by natural persons, Mass. Secretary of Commonwealth. 
File with your local Registry of Deeds. Can be filed by mail with notarized signatures and check. Filing fee is $35 for the state but check with your Registry of Deeds for any additional county fees.

Declaration of homestead for homes owned by trustee(s), Mass. Secretary of Commonwealth. 

Selected cases

Hartog, Baer & Hand, A.P.C. v. Clarke, 99 Mass. App. Ct. 460 (2021)
"A judgment creditor may levy on an execution upon property protected by homestead and then suspend any further action to collect on the execution until the homestead has lapsed or the homeowner's equity in the home exceeds the amount protected by the homestead exemption."

In re Shove, 585 BR 250 (2018)
The debtors' use of a portion of the property for commercial purposes does not remove the property from the protection of homestead exemption claimed under Massachusetts law. The building does not have to be used predominantly as their home. "This Court does not read the Homestead Statute as imposing a predominant use requirement."

Web sources

Homestead, Lowell Deeds Blog. (Posts up to 2019)
Collection of blog posts from the Lowell Register of deeds. Explains the law as it existed prior to the 2022 changes in some detail.

The Homestead Protection Act, Mass. Secretary of State.
Provides an overview of the Homestead Act, and links to Frequently Asked Questions about Homestead protections.

Massachusetts Registry of Deeds, Mass. Secretary of State.
Provides links to all the Registries of Deeds, which then provide access to addresses, phone numbers and websites for the individual registries. Use this link to check if a Declaration of Homestead is recorded on your property.

Print sources

Bankruptcy practice in Massachusetts, 2^nd ed., MCLE, loose-leaf.
Chapter 6.3.1: The Massachusetts Homestead Exemption.

Real estate law, with forms, annual edition, (Mass. Practice v. 28), Thomson Reuters.
Chapter 6: Dower and Homestead.

Summary of basic law, 5^th ed. (Mass. Practice v. 14C), Thomson Reuters, 2014 with supplement.
Sections 14:120-127.

Last updated:	March 10, 2025