1. Where do I file my Homestead?
   All Homesteads must be filed in the county in which the residence is located.   This office can prepare one and record it with the proper registry for a fee of $110.00 ($75.00 to prepare and $35.00 to record)

2. Who has the right to acquire a Homestead?
   An owner or owners of a home who occupy or intend to occupy said home as a principal residence may acquire an estate of homestead to the extent of Five hundred thousand dollars ($500,000.00) and upon filing of such shall be protected against attachment, levy on execution or sale to satisfy debt (except for certain cases that are specifically excluded by the statue); provided that only one owner may acquire an estate of homestead in the home for the benefit of his/her family.
   The statute defines owner to "include a sole owner, joint tenant, tenant by the entirety or tenant in common" it also defines family to "include either a parent and a child or children, a husband and wife and their children, if any, or a sole owner."
   Note: Prior to November 2, 2000, the amount protected under a Homestead was one hundred thousand dollars ($100,000). Homesteads filed prior to November 2, 2000, will automatically be eligible for the increased protection of Five hundred thousand dollars ($500,000), provided however, the increase shall not have priority over and shall be subordinate to, any lien, right or interest recorded or filed before November 2, 2000.

3. Are my spouse and children still covered by my Homestead should I pass away?
   Yes. Should the spouse or parent who declares the Homestead die, the law protects the house until the youngest unmarried child reaches the age of eighteen (18) and until the surviving spouse dies or remarries.

4. Can (a) trustee(s) file for home homestead protection?
   The Massachusetts Supreme Judicial Court has determined that registered land held in trust cannot be given Homestead protection. The case did not address recorded land, therefore until there is court clarification, if your property is recorded land and is in trust you may want to record a Homestead.

5. If I divide my time equally between my winter and summer residences, can I declare a homestead on both?
   NO. A Homestead can be declared only on an applicant's "principal residence". A person can have more than one residence but the statute only allows the protection on one's legal domicile. There is no legislative intent to allow the exemption to apply to a summer and winter residence. For example, a husband cannot declare a Homestead exemption on one residence while the wife declares the exemption on the other residence, unless each can prove that the residence is their "principal residence" or "domicile."

6. How  am I protected if I am 62 or older, or disabled?
   The real property or manufactured homes of persons sixty-two (62) years of age or older, regardless of marital status, or of a disabled person or persons, (as defined in the statute definition set forth below), regardless of age, shall be protected against attachment, seizure or execution of judgment (except for certain cases that are specifically excluded by statute) to the extent of Five Hundred Thousand Dollars ($500,000.00) each; provided such person occupies or intends to occupy the home as their principal residence. Therefore, each individual will be eligible for protection of up to Five Hundred Thousand Dollars ($500,000).
   Note: Prior to November 2, 2000, the amount protected under a Homestead for the Elderly or disabled was two hundred thousand dollars ($200,000). Homesteads for the Elderly or disabled filed prior to November 2, 2000, will automatically be eligible for the increased protection of Five hundred thousand dollars ($500,000), provided however, the increase shall not have priority over and shall be subordinate to, any lien, right or interest recorded or filed before November 2, 2000.

7. Can my Homestead be terminated?
   The estate or claim of Homestead shall be terminated upon the sale or transfer of the real property or mobile home during the declarant's lifetime, upon the death of the surviving declarant or by a release of the Homestead estate duly signed, sealed, and acknowledged by the declarant, and recorded at the Registry of Deeds, or when the property ceases to be your residence.

8. What happens to my Homestead if I should re-mortgage or take out a second mortgage or home equity loan?
   In some cases, the lending institution may require that your Homestead be released. In this case, once the mortgage is recorded or registered, you can record a new Homestead. The statute in some cases, exempts first and second mortgages from Homestead rights, so chances are you will not have to release a Homestead to refinance or obtain a home equity loan. Also, most standard mortgage forms used today have a specific release of homestead rights for that particular transaction, which negates the necessity to file a general release of Homestead.

9. If I am over 62 and my spouse is under 62, should we both file?
   Only one joint owner under 62 years of age can file a Homestead for the family. However, for elderly and disabled individuals, the protection up to Five Hundred Thousand Dollars ($500,000.00) exists for each person's ownership interest. Therefore, it is recommended that the person over 62 years of age file for the larger protection. As the other individual owner turns 62, he/she should also apply.

10. Will my Homestead protect my home if I receive Mass Health benefits (i.e. go into a nursing home or hospital, receive prescription drug benefits or receive any other type of Mass Health benefits or assistance)? No. Liens imposed as a result of the payment of Mass Health benefits or assistance, are exempt from the Homestead protection. Upon a Mass Health member's death, the Commonwealth may file a claim for reimbursement from the member's probate estate. The rules and regulations regarding Mass Health benefits and assistance are complicated and constantly changing. You should seek competent counsel to address your specific concerns.

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