Homestead Act

Did you know that Massachusetts has a law to help protect your home from being taken away from you? Did you know that to get this protection it's as simple as filing a form and paying a $35.00 fee?

The Homestead Act was created by the Massachusetts Legislature to provide protection for a homeowner on their primary residence, against attachments or forced sale from unsecured creditor claims. There are several debts which are not protected by a Homestead including mortgages, state, local and federal taxes, and court ordered support. The current amount of protection under the law is $500,000. In order to receive this protection, a Declaration of Homestead must be completed and filed in the Registry of Deeds for the County where the home is located.

To learn more information, visit the Secretary of State's website where you can read answers to common questions and also obtain a copy of the form to file. Please note that the form must be notarized. We're happy to do that for you at no charge!

It's important to know that The Homestead protection is not a substitute for homeowner insurance or any other type of liability insurance. These are separate and distinct types of protection. The Homestead protection will be effective after any liability insurance is used to pay for any judgments that are related to liability incurred under that particular insurance policy (e.g. home, automobile, etc.). 

This is provided to our customers for informational purposes only and should not be considered legal advice. Please consult an attorney should you have questions.