Governor Healey's new housing bill implements Homestead Law

Great news as borrowed from my real estate legal advisor, Stefan Nathanson: The Massachusetts Homestead Law (Ch. 150 of the Acts of 2024) recently changed as part of the Governor’s new housing bill. A homestead estate provides limited protection of the value of a principal residence against unsecured creditor claims.

All homeowners receive an automatic homestead exemption of $125,000 even if they have not formally recorded a declaration of homestead.

Declared Homestead: All homeowners who have recorded a declaration of homestead at their county Registry of Deeds now receive an exemption of $1,000,000 (increase from the previous exemption of $500,000).

Elderly or Disabled: All homeowners who are over the age of 62 or who are disabled receive an exemption of $1,000,000. This exemption is doubled for a married couple who are co-owners ($1,000,000 each).



Another good change: The new law provides additional protections to spouses that are not listed as owners in their principal residences. For example, protection extends automatically to a new spouse where an unmarried person declared a homestead and later marries.