Homestead Protection in Massachusetts

Under Massachusetts Law effective in 2011, every homeowner is granted an "automatic homestead exemption" that protects up to $125,000 of equity value in the home.

But if the homeowner declares a homestead, the exemption amount is increased to $1 million! Chapter 188, Section 1. The Homestead Declaration is declared by filing the declaration document with the Registry of Deeds. It protects equity in your principal residence from some creditors and claims.

All Massachusetts homeowners who are over the age of 62 or who are disabled can declare a Homestead Exemption of $1 million. When both spouses in a married couple are elderly or disabled, they have up to $2 million in protection for the same home.

Massachusetts revised its homestead laws in 2022 to provide homeowners with added protection against creditors. The 2022 amendment provided clarification to the 2011 law. Homesteads filed prior to March 2011 are grandfathered into the law and, therefore, homeowners do not have to refile. However, a homestead filed before March 2011 may NOT be grandfathered if a mortgage or equity line of credit was filed before March 2011. Homeowners do not have to refile homesteads when a home is refinanced after March 2011.

As part of your estate plan or real estate closing, I can prepare a Homestead Declaration that covers you and your family to the maximum exepmtion amount allowed by the Massachusetts Homestead Law.