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What is a Declaration of Homestead?

The Homestead Act in Massachusetts automatically protects some of the equity in your primary residence. This protection prevents you from being forced to sell your home to repay your debts with that equity—specifically to anyone who has put a lien on your house, or won a lawsuit against you. Mortgages are an exception, which means that this protection would not apply during a foreclosure.

The automatic equity protection is for $125,000.00, and can be increased to $500,000.00 (or more, if you are over the age of 62, or disabled) by filing a form called a Declaration of Homestead with the Registry of Deeds.

The standard Declaration of Homestead form, as well as further information, is available on the Secretary of State's website at this link. Our office would also be happy to discuss any questions you may have regarding the Declaration of Homestead, including our Declaration of Homestead preparation and filing services—please feel free to give us a call at (978) 266-9666. We look forward to hearing from you!

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