As a homeowner, the last thing you want to worry about is the risk of losing the equity in your home if you find yourself facing a judgment in a lawsuit. Here in Massachusetts, you automatically have protection from that fate, up to $125,000 for your primary residence. But you can increase that protection by filing a Declaration of Homestead with the Registry of Deeds. It’s simple and inexpensive.

Declaration of Homestead protects the equity in your principal residence against attachment, seizure, judgments, and levy or sale for the payment of many kinds of debt. It does not protect you, however, against:

  • federal, state and local taxes, assessments, claims, and liens;
  • mortgages on your principal residence;
  • liens recorded before the recording of the Homestead;
  • executions from the Probate Court on alimony and child support.

Massachusetts Homestead Protection Limit Is Now $1,000,000

In August 2024, the Massachusetts legislature increased the protection limit for a Declaration of Homestead from $500,000 to $1,000,000 per residence, per family. In addition, the updated law now covers mobile and manufactured homes, and it provides additional protections to spouses who may not be listed as owners. For couples who are divorced, if one ex-spouse still primarily resides in the home, neither their divorce nor remarriage will affect their Homestead protection.

You can file a Declaration of Homestead if you are a sole owner, if you are a joint tenant, or if you share ownership in a tenancy by the entirety or a tenancy in common.  Holders of life estate and beneficiaries of trust may also benefit from Homestead protection.

If you are disabled or at least 62 years old, the million-dollar Homestead protection applies to you individually. For example, if you and your co-owner are 65 and 67, protection on your principal residence totals $2,000,000. For this protection to be in force, however, the recorded Declaration of Homestead must state that the owner(s) is 62 years or older, or disabled, as applicable.

Many New Protections Automatically Apply to Previously Recorded Declarations of Homestead

Here’s more good news. In most cases, the recent updates to the Homestead law do not require any action by you. If your Declaration of Homestead has already been recorded in the Registry of Deeds, then the increased protections automatically apply to your existing document. However, if you have recently turned 62 or transferred your real estate to a trust (of which you are a beneficiary), then you may need to update your Declaration of Homestead.

You can check to see whether you already have a recorded Declaration of Homestead by searching by name or property address on the Massachusetts Registry of Deeds website. The attorneys at Mountain Dearborn are ready to assist you, should you have any questions or concerns regarding your Homestead protection.