Is your home protected by a Homestead Declaration?
In Massachusetts, homeowners can protect up to $500,000 of the value of their homes from certain creditors by recording a Declaration of Homestead, a simple two page document, at their local registry of deeds. A Declaration can be recorded even if title to a home is held in trust. For joint owners who are elderly or disabled, the combined value protected by a Declaration may be $1 million.
While the Homestead Act automatically provides $125,000 protection for homes without a recorded Declaration, this amount is frequently insufficient to protect a homeowner’s equity. If you have recently purchased your home, your closing attorney should have provided you with notice of your right to declare a homestead protection. However, many of our clients are surprised to learn that no Declaration was ever prepared or recorded.
Call us today and we will gladly conduct a search of your local registry of deeds to let you know if your home is protected by a recorded Homestead Declaration. If not, we will let you know whether your eligible for filing.