Massachusetts Homestead Act

What is the Massachusetts Homestead Act?

As a homeowner in Massachusetts, the Homestead Act* is designed to protect the owner or owner’s surviving spouse against the claims of creditors, or the forced sale of their home to pay for a debt. (*M.G.L.c. 188, ss. 1-10). Learn more about the law.

How can it protect you?

The Massachusetts Homestead Act allows a homeowner to declare their primary residence “off limits” to creditors for up to $500,000 (except for certain cases that are specifically excluded by Massachusetts statute) of the equity in their home. Consult with a qualified bankruptcy attorney regarding how the Massachusetts Homestead Act may apply to a personal bankruptcy. Pursuant to the new Bankruptcy Law which was signed into law in 2005, a Homestead exemption may be restricted to $125,000 under certain circumstances.

Call The Consumer Bankruptcy Law Center to learn how filing a low cost Massachusetts Homestead Declaration on your primary residence may protect the equity in your home for up to $500,000 in the event you file for bankruptcy.

You may record your own Massachusetts Homestead Declaration at your Registry of Deeds in your County. Visit them on the web by visiting: http://www.sec.state.ma.us/rod/rodidx.htm

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