A Declaration of Homestead costs $35 to record, and it takes the equity protected in your home up to $1,000,000. Most owners I talk to have never checked whether there is one on file for their house.
Two layers of protection
Under M.G.L. c.188, an estate of homestead protects a home that serves as your principal residence from attachment, seizure and execution on judgment for many debts. The automatic layer needs nothing from you: it protects $125,000 from the day you own and occupy the home, as long as no declaration has been recorded. The declared layer requires a recorded Declaration of Homestead and raises the exemption to $1,000,000 for the home.
What it does not stop
The statute is explicit about the exceptions. A homestead doesn’t stand against sales for federal, state and local taxes, assessments, claims and liens. It doesn’t stand against a mortgage on the home, or against liens recorded before the homestead was created. Court orders for spousal or child support go through it, and so do executions on judgments based on fraud, duress, undue influence or lack of capacity.
How the filing works
The declaration must be in writing, signed and acknowledged under penalty of perjury by each owner to be benefited, and it must state that each person named occupies or intends to occupy the home as their principal residence. The Secretary of the Commonwealth publishes the form as a free download, and the county or district Registry of Deeds records it for a $35 fee. Co-owners who hold as tenants in common divide the exemption between them, owners who are older or disabled have their own rules under the chapter, and there are separate forms for homes held in trust.
How to check whether you already have one
Some homeowners already have a declaration on record from their closing without remembering it. Search your name on your county or district Registry of Deeds website and look for a Declaration of Homestead recorded at or after your closing date. If it is not there, filing one is straightforward: the state form runs two pages and the fee is $35. If you are buying this year, ask your closing attorney to record one for you. Diana Kim, REALTOR®, eXp Realty.
Questions
Common questions
How much does a Massachusetts Declaration of Homestead cost to file?
The county or district Registry of Deeds records it for $35, and the form itself is a free download from the Secretary of the Commonwealth's website. Each owner to be benefited signs, and the declaration must state the home is their principal residence.
Do I have homestead protection if I never filed anything?
Yes. M.G.L. c.188 gives an owner who occupies the home as a principal residence an automatic homestead exemption of $125,000, as long as no declaration has been recorded. Recording a Declaration of Homestead raises the exemption to $1,000,000 for the home.
What does a Massachusetts homestead not protect against?
Sales for federal, state and local taxes, assessments, claims and liens; mortgages on the home; liens recorded before the homestead was created; court orders for spousal or child support; and executions on judgments based on fraud, duress, undue influence or lack of capacity.
Sources
- M.G.L. c.188 §1, definition of declared homestead exemption: an exemption in the amount of $1,000,000 created by a written declaration, executed and recorded pursuant to section 5
- Secretary of the Commonwealth, Registry of Deeds homestead FAQ: filing a Declaration of Homestead costs thirty-five dollars ($35.00); the Homestead Act protects the property serving as your principal residence
- M.G.L. c.188 §3: the estate of homestead is exempt from attachment, seizure, execution on judgment, levy and sale for payment of debts, but not against sales for federal, state and local taxes, assessments, claims and liens; liens recorded prior to the creation of the estate; mortgages on the home; court orders for spousal or child support; or executions on judgments based on fraud, duress, undue influence or lack of capacity
- M.G.L. c.188 §5: a declaration of homestead shall be in writing, signed and acknowledged under penalty of perjury by each owner to be benefited, shall state that each person named occupies or intends to occupy the home as their principal residence, and shall be recorded
Written by Diana Yeji Kim — REALTOR® at eXp Realty, serving Greater Boston in English, Korean, and Japanese.
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