If you choose to file a Declaration of Homestead, your home will be protected for up to $500,000.
How can I file a Declaration of Homestead and how much does it cost?
The Registry of Deeds in your county of residence has Declaration of Homestead forms.
Though every homeowner in Massachusetts is automatically covered by the Homestead Act, please do not hesitate to reach out to my office with any questions concerning your coverage or ability to file a Declaration of Homestead.
Each declaration of homestead shall be in writing, signed and acknowledged under penalty of perjury by each owner to be benefited by the homestead, except as provided in subparagraph (d), shall be recorded and shall comply with the following:
As to acts undertaken in good faith reliance thereon, an affidavit executed and acknowledged by a grantor, releasor or mortgagor under penalty of perjury stating that, at the time of delivery of the deed, release or mortgage, the affiant had no spouse who was then entitled to claim the benefit of an existing declaration of homestead, shall be conclusive proof of the nonexistence of such benefit at that time.
2) with respect to a declaration of homestead benefiting a disabled person, there shall be recorded with the declaration either: (i) an original or certified copy of a disability award letter issued to the person by the United States Social Security Administration; or (ii) a letter signed by a licensed physician registered with the Massachusetts Board of Registration in Medicine certifying that the person meets the disability requirements stated in 42 USC 1382c(a)(3)(A) and (C) as in effect at the time of recording.
A declaration of homestead may not be created within a deed or other instrument vesting title in the owner.
Any subsequent recording of a declaration of homestead benefiting (i) a family member identified on a prior declaration on the same home or (ii) the spouse of such person, without an intervening release, shall be deemed to relate back to the filing date of the earliest recorded declaration, but the section of this chapter pursuant to which the later recorded declaration is made shall control the rights of a person identified in such later declaration.
Under the old law, homeowners could get protection from seizure for up to $500,000 to satisfy debts only by filing a declaration of homestead at the Registry of Deeds.
Homeowners can download a declaration of homestead form from the Worcester District Registry of Deeds at www.