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Homestead Declaration Info and Forms
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What is the Massachusetts Homestead Act?
The Massachusetts Homestead Act provides "...for protection for a homeowner from attachment, levy on execution and sale for the payment of his or her debts or legacies..." upon the principal residence of person or persons who are eligible for this protection.
Who is eligible for protection under the Massachusetts Homestead Act?
Any person who owns real property and occupies it as their principal residence eligible for Homestead Protection under Chapter 188 of the Massachusetts General Laws.
The protection afforded to homeowners is $100,000 in the case of homeowners under the age of 62 and homeowners who are not disabled.
A special provision allows for the Homestead protection for homeowners who are 62 years old or greater or a person who has any medically determinable permanent physical or mental impairment which would meet the disability requirements for supplemental security income which are in effect at the time of filing.
What is the special provision for the elderly or disabled under the Massachusetts Homestead Act?
The real property or mobile home of persons 62 years of age or older or who are permanently and totally disabled are afforded protection from attachment, levy on execution and sale in the amount of $200,000 for each person who has filed an elderly or disabled person's Declaration of Homestead.
A disabled person must attach to the Declaration of Homestead an original or certified copy of a disability award letter issued to the person by the United States Social Security Administration or a letter signed by a licensed physician registered with the Massachusetts Board of Registration in Medicine, certifying that the person meets the disability requirements of the United States Social Security Administration at the time of filing.
Will the Homestead Act protect my home if I go into nursing home?
No. Any liens imposed by the Massachusetts Department of Revenue, for payment of medical assistance, are exempt from the Homestead protection. However, as long as the recipient or the recipient's spouse is alive, the Commonwealth will not, as of the present time, look to the residence for reimbursement of medical benefits. The Commonwealth will, however, file a claim for the reimbursement from your estate for the entire amount of Medicaid benefits paid, once the surviving recipient has died. These rules and regulations are complicated. For any additional information, you should contact your attorney.
How can I acquire the Homestead protection?
To acquire Homestead protection, you must declare in writing that you wish to have your principal residence protected under the provisions of the Massachusetts Homestead Act, duly signed and notarized. After the form has been notarized, you must file it in the Registry of Deeds where your property is located. For property loocated in Tolland, MA file with:
50 State Street, Springfield, MA 01103
(413) 755-1722 Fax: (413) 731-8190
What exemptions are there to the Homestead protection?
Homestead protection exempts federal, state and local tax assessments and liens; mortgages of record; all debts, liens or contracts existing prior to the filing of the Homestead; support or alimony judgments from the Probate Court.
How much does it cost to file for the Homestead Act?
The fee for registering a Declaration of Homestead for Registered Land is $35.00. The fee for recording a Declaration of Homestead for Recorded Land is $35.00, plus .40 postage and handling.
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