Massachusetts Declaration of Homestead

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In Massachusetts, every homeowner has a $125,000 homestead protection on their primary residence.  This prevents creditors from forcing a homeowner to sell his or her home in order to pay a court judgment.

If the value of your home exceeds $125,000 you should sign and record a Declaration of Homestead.  This will protect your home from creditors up to $500,000.

The form is available online at the Secretary of the Commonwealth’s Office.

It costs only $35 to record the completed document at the registry of deeds.  Your lawyer should prepare the form for you and have you sign it along with all other closing documents.

If you have any questions about real estate law, please feel free to contact me at justin@jrmccarthy.com.

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