Massachusetts Homestead Protection: Automatic $125,000 vs Declared $1,000,000

By James Brazil

James Brazil lives in Mérida, Mexico. He founded Swift Agent Sites and studied Classics at the University of Mississippi.

Published 6 November 2026 · Updated 6 November 2026

Real estate for buyers

Massachusetts homestead law protects some of the equity in your principal residence from many creditors. Under M.G.L. c. 188, you get an automatic homestead exemption of $125,000 without filing anything. If you record a declaration of homestead at the Registry of Deeds, the declared exemption is $1,000,000.

This is creditor protection, not a property tax break. It does not lower your tax bill. It limits how much of your home equity certain creditors can reach if you are sued or fall into debt.

What is the difference between automatic and declared homestead?

• Automatic homestead. $125,000, no filing needed. For a home owned as joint tenants or tenants by the entirety, the owners together share one $125,000 exemption. For tenants in common or trust beneficiaries, it is split by ownership share.
• Declared homestead. $1,000,000, created by a written declaration that is signed under penalty of perjury and recorded. For joint tenants or tenants by the entirety who declare together under section 3, the owners together share one $1,000,000 exemption.
• Elderly or disabled declaration. Under section 2, each owner who is 62 or older, or who meets the statute's disability definition, can record a declaration. The statute says each such owner gets the declared exemption without reduction, proration or allocation among other owners.

The law covers single-family homes, 2- to 4-family homes, condo units used as residences, manufactured homes and residential co-op units, as long as the owner lives there or intends to as a principal residence. You can only have one principal residence.

What does homestead not protect against?

Section 3(b) lists exceptions. A homestead does not protect the home from:

• Sales for federal, state and local taxes, assessments, claims and liens
• A lien recorded before the homestead was created
• A mortgage on the home, as provided in sections 8 and 9
• Court-ordered spousal, former spouse or child support
• Ground rent claims where the building sits on land the owner does not own
• A court judgment based on fraud, duress, undue influence or lack of capacity

So homestead does not stop your mortgage lender from foreclosing if you stop paying, and it does not cancel property taxes.

How do new buyers record a declaration?

A declaration of homestead must be in writing, signed and acknowledged under penalty of perjury by each owner it benefits, and recorded at the Registry of Deeds for the county where the home is. Section 5 says it must:

• Identify each owner it benefits, and any non-titled spouse
• State that each person named lives in, or intends to live in, the home as their principal residence
• Be signed by both spouses if a married couple owns the home and both live there
• Be signed only by the trustee if the home is held in trust

The Secretary of the Commonwealth publishes declaration forms for homes owned by individuals and for homes owned by trustees. The state's law library says you file with your local Registry of Deeds, by mail with notarized signatures and a check if you like, and that the state filing fee is $35. Check with your registry about any additional county fees.

If you are buying, ask your closing attorney whether the declaration will be recorded as part of your closing or whether you need to file it yourself.

What happens when you sell or move?

Under section 2(b), an elderly or disabled person's homestead ends when that person sells or transfers their interest (unless they are also a buyer), records a release, declares a homestead on another property, stops using the home as a principal residence, or dies. If you are downsizing, plan to record a new declaration on the next home. See our guide to selling a longtime family home.

Homestead protection extends to sale proceeds and fire or casualty insurance proceeds as defined in section 11 of the chapter. The rules there are technical, so ask an attorney if you are relying on them.

FAQ

Do I have homestead protection without filing?

Yes. The automatic homestead exemption is $125,000 for an owner's principal residence.

How much does a recorded declaration protect?

The declared homestead exemption is $1,000,000. For co-owners, how it is shared depends on how title is held and which section the declaration is under.

Does homestead lower my property taxes?

No. M.G.L. c. 188 is about protection from creditors. Property tax exemptions are a separate matter handled by your city or town assessor.

Does homestead protect against my mortgage lender?

No. Section 3(b) excludes mortgages on the home as provided in the chapter, as well as tax liens and earlier recorded liens.

Who counts as elderly for a homestead declaration?

The statute defines an elderly person as someone 62 years of age or older.

Next step

A licensed local real estate agent can remind you to plan the homestead declaration as part of closing, and your closing attorney can confirm which form fits how you hold title. For questions about protection in a specific debt or lawsuit, talk with a Massachusetts attorney.

Sources: M.G.L. c. 188, Section 1, Section 2, Section 3, Section 5, Trial Court Law Libraries: Massachusetts law about homestead, Secretary of the Commonwealth: Declaration of homestead form (PDF).