Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
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 $1,000,000, against unsecured creditor claims.
Other differences between the declared and homestead exemptions include: In the event of a voluntary sale, the declared homestead protects the sale proceeds up to the applicable statutory amount. In contrast, the automatic homestead offers no protection from a voluntary sale.
In Massachusetts, the homestead law protects up to $125,000 of your home's value automatically. This means that if you have $125,000 or less in equity, no one can force you to sell your house.
A Declaration of Homestead is a written legal document that allows homeowners to protect their family home from certain creditors, up to a particular amount. An Automatic Homestead exists on all principal residences, protecting the home to the extent of $125,000.
The homestead right might be terminated or extinguished either by abandonment, or by a release in writing properly signed and properly acknowledged, or by surrender of the possession to a grantee in a deed in pursuance of the deedii.
Elderly persons, regardless of marital status, are personally exempt up to one million dollars ($1,000,000) each. If two owners qualify for the elderly or disabled homestead protection, the aggregate protection on the home increases to two million dollars ($2,000,000).
Clauses 41, 41B, 41C or 41C½ provide exemptions to seniors who meet specific ownership, residency, income and asset requirements. Seniors 70 or older may, alternatively, qualify for exemption under Clauses 17, 17C, 17C½ or 17D, which provide a reduced benefit, but have less strict eligibility requirements.