Declaration of Homestead
Why should I opt for a Declaration of Homestead?
An Estate of Homestead is a type of protection for a person’s owner occupied residence, (condominium units, cooperative apartments, and manufactured housing) in the form of a document called a “Declaration of Estate of Homestead”. The form is filed at the Registry of Deeds in the county where the property is located, referencing the title/deed to the property. Co-owner’s of a home ‘share” the exemption amount. By filing this form a Homeowner’s homestead protection is increased to $500,000.00.
A homestead estate exempts a certain amount of the equity of a home from attachment, seizure, execution, on judgment, levy and sale for the unsecured debts of the owner of the home, excepting for the following:
Individuals
There is an automatic $125,000 (of the equity of their home) protection in Massachusetts for homes that do not have a Homestead Declaration filed at the Registry of Deeds. Homestead protections now extend to pre-existing debts and the proceeds of a sale or insurance coverage. There is no filing requirement for this automatic coverage. An automatic homestead can be subordinated to an unsecured debt of the homeowner of up to $20,000.00 but the homeowner and any non-owner spouse must consent in writing. A non-owner spouse who lives with the owner has the benefit of the homestead (until terminated in writing). If a single owner with a declared homestead later marries, then the coverage automatically benefits the owner’s new spouse upon marriage. A divorce or remarriage will not affect the spouse who remains in the home as his/her principal residence.
Trusts
Trusts are also now eligible for homestead protections for beneficiaries of the trust who occupy the premises as their primary residence.
Elderly/Legally Disabled
For those individuals over the age of 62 (elderly) or legally disabled, the law states that a homestead may be filed on each individuals behalf and the aggregate protection increases to $1,000,000.00.
An Estate of Homestead is a type of protection for a person’s owner occupied residence, (condominium units, cooperative apartments, and manufactured housing) in the form of a document called a “Declaration of Estate of Homestead”. The form is filed at the Registry of Deeds in the county where the property is located, referencing the title/deed to the property. Co-owner’s of a home ‘share” the exemption amount. By filing this form a Homeowner’s homestead protection is increased to $500,000.00.
A homestead estate exempts a certain amount of the equity of a home from attachment, seizure, execution, on judgment, levy and sale for the unsecured debts of the owner of the home, excepting for the following:
- Federal, state and local taxes, assessments, claims and liens
- Liens recorded prior to the creation of the estate
- Mortgages
- Orders of the probate court for support
- A levy or sale for ground rents (where the homeowner does not own the land)
- An execution from a court to enforce a judgment based upon fraud, mistake, duress, undue influence or lack of capacity
Individuals
There is an automatic $125,000 (of the equity of their home) protection in Massachusetts for homes that do not have a Homestead Declaration filed at the Registry of Deeds. Homestead protections now extend to pre-existing debts and the proceeds of a sale or insurance coverage. There is no filing requirement for this automatic coverage. An automatic homestead can be subordinated to an unsecured debt of the homeowner of up to $20,000.00 but the homeowner and any non-owner spouse must consent in writing. A non-owner spouse who lives with the owner has the benefit of the homestead (until terminated in writing). If a single owner with a declared homestead later marries, then the coverage automatically benefits the owner’s new spouse upon marriage. A divorce or remarriage will not affect the spouse who remains in the home as his/her principal residence.
Trusts
Trusts are also now eligible for homestead protections for beneficiaries of the trust who occupy the premises as their primary residence.
Elderly/Legally Disabled
For those individuals over the age of 62 (elderly) or legally disabled, the law states that a homestead may be filed on each individuals behalf and the aggregate protection increases to $1,000,000.00.
Arlene M. Keating, LLC.
Attorney-At-Law
21 Inn Street
Newburyport, MA 01950
arlene@arlenemkeatingllc.com
978-363-1400 Office
978-510-1010 Fax
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Disclaimer
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