Massachusetts Homestead Declaration following Decree of Legal Separation or Divorce

State:
Multi-State
Control #:
US-02099BG
Format:
Word; 
Rich Text
Instant download

Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

How is the Homestead established? Section 4 of MGL Ch. 188 provides an automatic exemption available to everyone who owns a home and who occupies or intends to occupy the home as his or her principal residence. This exemption is for $125,000.00.

In the recent case of Hartog, Baer & Hand, A.P.C. v. Thomas H. Clarke, Jr., the Appeals Court held that judgment creditors are allowed to place liens on homestead properties regardless of the basis of the underlying lawsuit.

Homestead declaration protects against attachment, seizure, execution on judgment, levy or sale for the payment of debts up to five hundred thousand dollars ($500,000) per residence, per family.

Homestead declaration protects against attachment, seizure, execution on judgment, levy or sale for the payment of debts up to five hundred thousand dollars ($500,000) per residence, per family.

By simply filing a claim for Homestead Exemption with an application through the Registry of Deeds in the county where your property is located (there is a filing fee of $35 plus any additional county fees), you will receive the Homestead Exemption protection up to $500,000 in protection.

When the home is owned by a trust it can still get homestead protection, but the trustee must fill out a different Declaration of Homestead form, which is available here. The form must list the beneficiary or beneficiaries who use the home as their primary residence.

The Massachusetts Homestead Act is a law under which a homeowner is protected by an Estate of Homestead. A homestead estate provides limited protection of the value of the home, up to $500,000, against unsecured creditor claims.

The purpose of a homestead is to provide a home free from the fear and anxiety that it will be lost to creditors. To file a homestead declaration, the person recording must reside on the property homesteaded.

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Massachusetts Homestead Declaration following Decree of Legal Separation or Divorce