Chapter 395 - Massachusetts Homestead Act


Massachusetts Homestead Protection Law

Homestead Protection


The Massachusetts Homestead Act is a law that protects Massachusetts homeowners from having their homes sold to pay off unsecured debts. The law applies only if the homeowner lives in the home as his/her principal residence.


Chapter 395 of the Acts of 2010, an Act Relative to the Estate of Homestead, revises and replaces the provisions of the Massachusetts homestead protection law, General Laws Chapter 188. An overview of the new Homestead reform legislation, effective on March 16, 2011, is provided in Attorney Tomasiello's Homestead Act information document posted here.


If you filed a homestead declaration prior to March 16, 2011, your $500,000 protection will continue to apply. There is no need to re-file your homestead protections due to these statutory changes. The new law creates an automatic $125,000 protection on homes that do not have a homestead declaration filed at the Registry of Deeds in order to safeguard deposits and situations where a declaration may be incorrectly filed. Homestead protections now extend to pre-existing debts and the proceeds of a sale or insurance coverage.
Anthony N. Tomasiello, Jr. was born in Worcester and grew up in Shrewsbury, MA, graduating from Shrewsbury High School. His office is in Worcester MA, and he can be contacted at (508) 363-3001. He has the following credentials and experience:


Bachelor of Science in Mathematics; WPI, Worcester.
Juris Doctorate degree from Suffolk Law School, 1978.
Additional Master’s Degree credits in Mathematics at BU.

Admitted to the bar, Commonwealth of Massachusetts, 1978
Admitted to the bar, US District Court, Mssachusetts, 1979.
Member of the Worcester County Bar - Real Estate Section
Fully familiar with all important aspects of Real Estate Law

Member Massachusetts Bar Association.


Maasachusetts Real Estate Homestead