On March 16, 2011, a new Massachusetts Homestead Law went into effect, which updated and revised Massachusetts General Laws c. 188, sect. 1-10. Here are some of the important highlights:

• The Homestead Act allows homeowners in Massachusetts to protect their principal residence from unsecured creditors, up to a certain amount 
• Existing homesteads recorded prior to March 16, 2011 remain valid
• There is an automatic $125,000 homestead; no recordation of a homestead declaration is needed for this protection
• Homeowners receive a $500,000 homestead protection by recording a homestead declaration; all owners must sign to gain the protection
• All owners must occupy or intend to occupy the home as principal residence
• Owners who are elderly or disabled should each file a homestead under section 1A of the new law to gain maximum protection (beyond $500,000)
• Under new law, both spouses can record a homestead
• Property held in trust can be homesteaded
• Every homeowner who has refinanced his/her mortgage in the last several years should record a new homestead declaration since many refinancing mortgages contained a waiver of homestead rights
• If a married couple has divorced or separated, each should re-examine whether a new homestead declaration is needed
• As under prior law, homestead declarations are subject to mortgages executed by all owners.

Additional resources:

• Link to the new law
• Questions and Answers about the Homestead Act (downloadable brochure, prepared by the Massachusetts Registry of Deeds)
• Declaration of Homestead Form  (fillable PDF, prepared by the Massachusetts Registry of Deeds)
• Declaration of Homestead Form for Homes Owned by Trustees (fillable PDF, prepared by the Massachusetts Registry of Deeds)
• Massachusetts Law About Homestead (Massachusetts Trial Court Library)