In recent years, the Massachusetts State Legislature, in its wisdom, has amended
the Homestead Laws, M.G.L., Ch. 188, substantially increasing its protection to
homeowners. It is now available to single as well as married homeowners, with
or without children, so long as the home is the principal residence of the
Effective October 25, 2000, the protection under the Homestead Act has
been increased to $500,000.00 of the
equity in the home from future creditors' attachments, levy on execution and
sale. Not exempt are prior existing debts and debts owed for State, Federal, or
Real Estate taxes, or Court Orders for support of a spouse or minor children.
In addition, the Legislature has also made available an alternative Homestead
exemption, if the owner of the principal residence is at least sixty-two (62)
years of age, or is permanently and totally disabled, regardless of age. This
exemption is for $500,000.00 for
each qualified individual owner, EACH OF WHOM must file separately, that is, $1,000,000.00 for two owners, for
example, husband and wife.
To claim a Homestead exemption for a permanently physically or mentally disabled
homeowner, the Homestead form must be accompanied by a letter signed by a
Massachusetts Licensed Physician certifying that the person meets the
disability requirements for the Supplemental Security Income under the
Provision of 42 U.S.C, 1382c(2)(3)(A).
For a filing fee of $35.00 for Recorded Land or Registered Land, the
Homestead Form can be recorded or registered in the Registry of Deeds for the
District wherein the property lies.
The Suffolk County Registry of Deeds covers real estate in Boston, Chelsea, Revere
To obtain the appropriate
form and further information, your should contact your attorney directly. The forms are also available at the various
Registries of Deeds and via this web site. The Suffolk County Registry of Deeds is located at 24 New Chardon Street, P.O.
Box 9660, Boston MA 02114-9660.
Copyright 1999 Suffolk Registry of Deeds.; All Rights Reserved.