Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Anyone who owns and occupies a primary residence in Massachusetts may apply for additional Homestead Exemption protection. This means that anyone including individual homeowners, married couples, and anyone who owns a home with an unrelated person may file an application to receive the exemption.
(As of August 2024) All Massachusetts homeowners who own a home as their primary residence are eligible for a $1,000,000.00 “declared homestead exemption” via a written declaration filed with the Registry of Deeds where the property is located.
Clauses 41, 41B, 41C or 41C½ provide exemptions to seniors who meet specific ownership, residency, income and asset requirements. Seniors 70 or older may, alternatively, qualify for exemption under Clauses 17, 17C, 17C½ or 17D, which provide a reduced benefit, but have less strict eligibility requirements.
Currently eleven municipalities in Massachusetts use the residential exemption: Boston, Brookline, Cambridge, Chelsea, Marlboro, Nantucket, Somerset, Somerville, Tisbury, Waltham, and Watertown.
Homestead declaration protects against attachment, seizure, execution on judgment, levy or sale for the payment of debts up to one million dollars ($1,000,000) per residence, per family.
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.
The new law established a three-fold homestead acquisition process: file an application, improve the land, and file for deed of title. Any U.S. citizen, or intended citizen, who had never borne arms against the U.S. Government could file an application and lay claim to 160 acres of surveyed Government land.
The Federal Land Policy and Management Act of 1976 ended homesteading; by that time, federal government policy had shifted to retaining control of western public lands. The only exception to this new policy was in Alaska, for which the law allowed homesteading until 1986.
Homestead Information You must be one of the owners of the property, or be a qualifying relative of at least one of the owners. You must own and occupy the property as your primary place of residence by December 31st of the assessment year. You must be a Minnesota resident.
Requirements of the Homestead Act Land titles could also be purchased from the government for $1.25 per acre following six months of proven residency. Additional requirements included five years of continuous residence on the land, building a home on it, farming the land and making improvements.