The MA Homestead

The Massachusetts Homestead law allows you to have a certain amount of protection on your home from potential creditors and/or lawsuits.
MA changed its Homestead Law, effective in March, 2011 (but existing Homesteads will carry forward under the new law).
The primary provisions of the current Homestead law are:


- Provides $125,000 of automatic protection to any primary residence (WITHOUT having to record a Homestead at the Registry of Deeds); provides $500,000 protection for those who record a Homestead. The law also gives additional protection to eldery and disabled individuals.


- Allows Homestead protection for Trusts!  This means that you no longer need to decide between the benefits of transferring your house into a Trust to avoid probate and/or reduce estate taxes AND the creditor protection of the Homestead.  For those of you who have opted to not re-title your home in order to benefit from the Homestead, you should now consider re-visiting this issue.


- Clarifies that refinancing a mortgage will not terminate or invalidate previously filed homesteads.
The recording fee (payable to the Registry of Deeds) for a Homestead is $36.

Robin Gorenberg, Attorney-at-Law

(617) 731-9924