To protect the value of your property up to one million dollars ($1,000,000) per residence, per family, you must file a document called a “Declaration of Homestead”. You can file this form at the Registry of Deeds in the county or district where your property is located, referencing the title/deed to the property.
Filing a Declaration of Homestead costs thirty-five dollars ($35.00). Personal checks should be made payable to the Commonwealth of Massachusetts. Each owner, whether or not they qualify for an elderly or disabled exemption, must sign and acknowledge the document under the penalties of perjury before a notary public.
Homestead laws are designed to protect property owners by allowing them to register a portion of their property as "homestead," making it off-limits to most creditors. Types and amounts of property that can be set aside as homestead vary from state to state.
California exempts the first $7,000 of residential homestead from property taxes. Colorado allows a 50% deduction for up to the first $200,000 (equivalent to a $100,000 exemption if the property is valued at $200,000 or above) for seniors (over age 65) who have lived in their property for ten consecutive years.
The Homestead Act, enacted during the Civil War in 1862, provided that any adult citizen, or intended citizen, who had never borne arms against the U.S. government could claim 160 acres of surveyed government land. Claimants were required to live on and “improve” their plot by cultivating the land.
Massachusetts laws Includes clauses for real estate tax exemptions for blind persons, qualifying senior citizens, qualifying surviving spouses, minor children and elderly persons, qualifying veterans, and religious and charitable organizations.
The homestead exemption typically protects a certain amount of the value or equity in a primary residence from creditors and sometimes property taxes. By waiving this right, homeowners may expose their property to increased risk of loss in situations such as debt collection or bankruptcy proceedings.
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This exemption is for $125,000.00. Filing a written Declaration of Homestead at the Registry of Deeds for the county where the home is located increases that amount to $1,000,000.00. There are two types of Homestead Declaration. The standard form of homestead declaration is filed under Section 3 of the Homestead Act.