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Is my home protected under Homestead law?

Homepage > Articles > Is my home protected under Homestead law?
Is my home protected under Homestead law?

Each state sets terms where a homeowner is protected by what is called an estate of homestead. Homestead laws allow homeowners to declare a limited portion of their property as a “homestead,” thus sparing it from creditors in the event of a bankruptcy or other financial hardship. One primary purpose of homestead laws is to prevent homelessness in the event of bankruptcy, which generally requires a person to sell all of their assets to pay for their debts.

An automatic exemption of $125,000 is granted to everyone who owns a home and principally resides in that home under Massachusetts law. Providing a written declaration of homestead at the local registry in the county in which the residence is located can increase this amount to $500,000.

Massachusetts Homestead provides limited protection of the value of a debtor/homeowner’s home up to the amount of $500,000 against only unsecured creditor claims. The Homestead Act does not, however, apply to situations where the house has been used as collateral or security for a loan in the first instance as a condition prerequisite for obtaining a loan or other financing.

The Massachusetts homestead law defines the term “home” as single family homes, 2-4 family homes, land attached to those residences, manufactured homes, home cooperatives, and a condo unit used for residential purposes. Any property owned, but not used as a primary residence, does not qualify under homestead laws. Additionally, homestead does not apply to commercial properties.
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    (978) 374-1131

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    25 Kenoza Avenue
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    Phillips, Gerstein & Channen, LLP is a law firm in Haverhill, Massachusetts. Our firm represents clients from Massachusetts cities throughout Merrimack Valley including Andover, North Andover, Boston, Methuen, Newburyport, Lawrence, Gloucester, Merrimac, Amesbury, Lowell, Groveland, West Newbury, Georgetown, and Rowley, and New Hampshire cities including Salem and Plaistow. We represent clients in Essex County, Middlesex County, and Suffolk County in Massachusetts and Rockingham County and Hillsborough County in New Hampshire.

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