Why should you file a Declaration of Homestead?

The Homestead Act is a law in Massachusetts where a homeowner can protect his or her home, up to $500,000, from creditors seeking to force the sale of one' s home in order to pay a debt.

Does the Homestead Act protect against all creditors?

No, the following is a list of debts that are not protected by the Act:

1. Federal, State, and Local taxes and leins

2. Mortgages on the home

3. Debts existing prior to a declaration of Homestead

4. Court orders for spousal and child support

5. Debts resulting from fraud, duress, or medicaid.

Can more then one homeowner file a declaration of Homestead on the same property?

Yes, but only if both owners are over the age of 62 or disabled, and the house is the primary residence for both. Otherwise only one owner may file under the Homestead Act.

Can I file a declaration of Homestead on my vacation home?

No, the protections of the Homestead Act only apply on one's principal residence.

How much does it cost to file a declaration of Homestead?

Our office can prepare a Declaration of Homestead for $50.00 plus the the Registry of Deeds filing fee of $35.00.

When should I file a declaration of Homestead?

Because prior debts are excluded from a declaration of Homestead, it is best to file soon after the purchase of your home. We can prepare one to be sent to the Registry after recording your deed. However, a declaration of Homestead can be filed at anytime.

Does filing a declaration of Homestead have an effect on my ability to sell or transfer the property?

Not at all. Even with a declaration of Homestead you can freely sell, trade, or gift your home to whomever you wish. Furthermore, it will not affect the transfer of your home by will in the event of your death.