Requirements. Own and occupy the property as of July 1 of the tax year. Must be 65 years old by July 1 of tax year. Own and occupy any real estate in Massachusetts for 5 years, or surviving spouse who inherited the property and occupied it, or other real property in Massachusetts for 5 years.
Liens. A “lien” is a legal claim that gives a creditor the right to take your property if you do not repay a debt . A lien can be placed on your home before and after you file a declaration of homestead, but no one can collect on the lien(s) that were placed on your home after you filed a declaration of homestead.
There are two types of homesteads, automatic and declared.
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.
An estate of homestead is a type of protection for a person's principal residence. There is an automatic homestead protection of one hundred and twenty-five thousand dollars ($125,000) with respect to a home that does not declare a homestead exemption with the Registry of Deeds.
Filing a Declaration of Homestead costs thirty-five dollars ($35.00). Personal checks should be made payable to the Commonwealth of Massachusetts.