How to Apply for a Homestead Exemption in Massachusetts

The Massachusetts homestead exemption is a legal provision that protects a homeowner’s equity in their principal residence from seizure by most creditors. The law provides an automatic level of protection for all homeowners, but a higher level of security can be obtained by formally filing a declaration. Understanding the different types of exemptions and the filing process helps maximize this safeguard for your home.

Eligibility and Exemption Types

Eligibility for homestead protection in Massachusetts requires owning and occupying a property as your primary residence. The law, outlined in Massachusetts General Laws Chapter 188, establishes two tiers of protection. Every homeowner in the state automatically receives a homestead exemption of $125,000 without filing any documents. This protects the first $125,000 of a home’s equity from being seized by creditors for debts like personal loans or credit card bills.

To secure a more substantial safeguard, homeowners can file a formal Declaration of Homestead, which increases the protection to $1,000,000. This declared homestead must be filed with the appropriate county Registry of Deeds to become effective. It is available to individuals, married couples, and beneficiaries of a trust who reside in the property. The protection applies to the property as a whole, regardless of how many owners there are.

A separate category of protection exists for homeowners who are age 62 or older, or are disabled. This provision offers protection for up to $1,000,000 for each qualifying owner, and if two qualified owners are on the title, the total protection can be aggregated. A homeowner can only have one type of homestead active at a time. This protection does not apply to all debts, as it does not shield the property from a mortgage lender, liens for unpaid property taxes, or court-ordered child support.

Preparing the Declaration of Homestead Form

The first step to secure the enhanced protection is obtaining the correct Declaration of Homestead form. This document is available from any county Registry of Deeds office and can be downloaded from the Massachusetts Secretary of the Commonwealth’s website. You must select the correct form, as there are separate versions for properties owned by individuals and those held in a trust.

Before filling out the form, you must gather specific information from your property’s deed. You will need the full legal names of all property owners exactly as they are printed on the deed and the complete property address. You also need the property’s title reference, which is found on the deed and listed as a book and page number for recorded land, or a certificate of title number for registered land.

The names of the owners are entered as the “Declarant.” You must check the box indicating whether you are filing a standard homestead or one for an elderly or disabled person. If filing a standard homestead as a married person, you must also list the name of your spouse, even if they are not a co-owner.

The Declaration of Homestead is a legal document that must be signed by all owners in the presence of a notary public. The notary will verify your identity, witness your signature, and apply their official seal. A form that has not been properly notarized will be rejected by the Registry of Deeds.

Filing Your Completed Declaration

Once completed and notarized, the Declaration of Homestead must be filed with the Registry of Deeds in the county where the property is located. It is important to identify the correct registry district for your city or town. The Secretary of the Commonwealth’s website provides a directory to help you find the correct office address.

You can submit the document either in person or by mail. The original, notarized form must be submitted, as copies are not accepted for recording. If submitting by mail, include a self-addressed, stamped envelope for the return of your document.

A filing fee must be paid at the time of submission. The standard fee is $35, payable by a check or money order made out to the Commonwealth of Massachusetts. Some counties may have additional local fees, so confirm the total amount with the specific Registry office beforehand.

After the Registry of Deeds accepts your form and payment, they will record it in the official public land records. The document will be stamped with its official recording information. The original document, now bearing the official recording stamp, will be returned to you as proof of the declared homestead protection.