QUESTIONS & ANSWERS

1. Where do I file my Homestead?
2. Who has the right to acquire a Homestead?
3. Are my spouse and children still covered by my Homestead should I pass away?
4. Can (a) trustee(s) file for home homestead protection?
5. If I divide my time equally between my winter and summer residences, can I declare a homestead on both?
6. Is the Homestead form difficult to understand and fill out?
7. How can I get a copy of the form to fill out?
8. How am I protected if I am 62 or older, or disabled?
9. Can my Homestead be terminated?
10. What happens to my Homestead if I should re-mortgage or take out a second mortgage or home equity loan?
11. If I am over 62 and my spouse is under 62, should we both file?
12. Will my Homestead Declaration protect my home from being taken if I go into a nursing home?
13. How can I tell if my Real Property is Recorded or Registered Land?

1. Where do I file my Homestead?
   

   All Homesteads must be filed in the county in which the residence is located. For Southern Essex District, you may come to the Registry in person to record it or you may mail your Homestead to the Southern Essex District Registry of Deeds, 36 Federal Street, Salem, MA 01970. Be sure the form is filled out completely and has been properly notarized, and remember to enclose a check for the proper recording fee with the Homestead form. The check should be made payable to the Registry of Deeds. The filing fee will be $35.00. To ensure your original document is returned to you please enclose a self addressed stamped envelope when mailing your homestead to us. If you have any questions about the Homesteads please call the Homestead Department at 978-741-0200 ext. 319.        

   NOTE: To acquire a claim of Homestead on a manufactured home and if you do not individually or cooperatively own the land upon which the manufactured home is situated, you must file a Homestead Declaration at the city or town clerk's office in the city or town in which the manufactured home is located. If you do individually or cooperatively own the land you will file your homestead at the Southern Essex District Registry of Deeds. 

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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:  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.

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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.

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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.

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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."

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6. Is the Homestead form difficult to understand and fill out?

   NO. It simply asks for basic information. Just be careful when writing your "Book and Page number" if you own recorded land or your "Certificate of Title number" if you own registered land.

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7. How can I get a copy of the form to fill out?

   Homestead forms may be obtained at most Registries of Deeds. They are also available at legal stationery stores or your local attorney's office.

   The following two links will take you to blank form pages. Use your browser's print function to print the forms. Use your browser's "back" button to return.

   • Click here to go to a blank Homestead form

   
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8. 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: 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.

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9. 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.

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10. What happens to my Homestead if I should re-mortgage or take out a second mortgage or home equity loan?

    Existing law on the effect of refinancing on an existing homestead is unclear. If you are in this situation, you should ask your lawyer whether you should file a new homestead after refinancing.

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11. 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.

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12. Will my Homestead Declaration protect my home from being taken if I go into a nursing home?

    Liens imposed by the Massachusetts Department of Public Welfare, as a result of the payment of Medicaid benefits, are exempt from the Homestead protection. However, as of the printing of this pamphlet, as long as the recipient, or the spouse of the recipient, is alive, the Commonwealth will not look to the residence for reimbursement of Medicaid benefits. If the surviving spouse is also the recipient of Medicaid benefits, the Commonwealth will file a claim for reimbursement from the estate for the entire amount of Medicaid benefits paid, once the surviving recipient has died. The rules and regulations regarding Medicaid are complicated and constantly changing. You should seek competent counsel to address your specific concerns regarding Medicaid.

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13. How can I tell if my real Property is Recorded or Registered Land?

    In 85% of the cases, your real property is Recorded Land. Your evidence of title will be a Book & Page. If your property were Registered Land your evidence would be a Document Number and Certificate of title number. If you are still not sure whether your real property is Recorded or Registered, call your Registry of Deeds office.

     

    Chapter 218 of the Acts of 2004 guarantees this act shall apply to declarations of homestead recorded or filed for registration pursuant to section 1 or 1A of Chapter 188 of the General Laws before, on, or after the effective date of this act, but the increase in the amount of homestead protection for declarations recorded or filed for registration before the effective date of this act shall not have priority over, and shall be subordinate to, any lien, right or interest recorded or filed for registration before the effective date of this act.