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In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.
The land and building which is owned, occupied or intended to be occupied by an individual as his principal residence is generally exempt from levy on execution and sale for payment of debts to the extent of $100,000.00. (c. 188, s. 1.) Any person who is 62 years of age or older, and has filed an elderly or disabled person's declaration of homestead, may be entitled to a homestead exemption on the real property or manufactured home which he uses, occupies, and intends to use and occupy as his principal residence to the extent of $200,000.00. (c. 188, s. 1A.)
Personal property of a judgment debtor which may be exempt from levy on seizure on execution of a judgment may include necessary wearing apparel, beds and bedding, one heating unit used for warming the dwelling house, and the amount each month, not exceeding $75.00, reasonably necessary to pay for fuel, heat, water, hot water and light for himself and his family; household furniture not exceeding $300.00 in value; bibles, school books and library not exceeding $200.00 in value; two cows, twelve sheep, two swine, and four tons of hay; tools, implements and fixtures for trade or business not exceeding $500.00 in value; materials and stock designed and procured by him and necessary for carrying on his trade or business, and intended to be used or wrought therein, not exceeding $500.00 in value; provisions intended for family use or money therefor not exceeding $300.00 in value; fishing tackle and nets of fisherman actually used in his business not exceeding $500.00 in value; uniform of an officer or soldier in the militia and the arms and accoutrements required by law to be kept by him; rights of burial and tombs in use as repositories for the dead; one sewing machine not exceeding $200.00 in value; share in co-operative associates not exceeding $100.00 in value in the aggregate; money for payment of rental not exceeding $200.00 per month for each rental period; cash, savings or other deposits in a banking institution, or money owed to him each pay period as wages for personal labor or services, or any combination of such cash, deposits or money owing, not exceeding $125.00; public assistance; one automobile not exceeding $700 in value. (c. 235, s. 34.) See M.G.L. - Chapter 235, Section 34
Part II. Real and Personal Property and Domestic Relations (Ch. 183-210)
Title I. Title to Real Property (Ch. 183-189)
Chapter 188. Homesteads
§ 1. Right to acquire homestead; exemptions; definitionsAn estate of homestead to the extent of $500,000 in the land and buildings may be acquired pursuant to this chapter by an owner or owners of a home or one or all who rightfully possess the premise by lease or otherwise and who occupy or intend to occupy said home as a principal residence. Said estate shall be exempt from the laws of conveyance, descent, devise, attachment, levy on execution and sale for payment of debts or legacies except in the following cases:
(1) sale for taxes;
(2) for a debt contracted prior to the acquisition of said estate of homestead;
(3) for a debt contracted for the purchase of said home;
(4) upon an execution issued from the probate court to enforce its judgment that a spouse pay a certain amount weekly or otherwise for the support of a spouse or minor children;
(5) where buildings on land not owned by the owner of a homestead estate are attached, levied upon or sold for the ground rent of the lot whereon they stand;
(6) upon an execution issued from a court of competent jurisdiction to enforce its judgment based upon fraud, mistake, duress, undue influence or lack of capacity.
For the purposes of this chapter, an owner of a home shall include a sole owner, joint tenant, tenant by the entirety or tenant in common; provided, that only one owner may acquire an estate of homestead in any such home for the benefit of his family; and provided further, that an estate of homestead may be acquired on only one principal residence for the benefit of a family. For the purposes of this chapter, the word “family” shall include either a parent and child or children, a husband and wife and their children, if any, or a sole owner.
§ 1A. Elderly or disabled persons; protection from attachment or seizure
The real property or manufactured home of persons sixty-two years of age or older, regardless of marital status, or of a disabled person, as herein defined, shall be protected against attachment, seizure or execution of judgment to the extent of $500,000; provided, however, that such person has filed an elderly or disabled person's declaration of homestead protection as provided in section two; and, provided further, that such person occupies or intends to occupy such real property or manufactured home as his principal residence. A disabled person's declaration of homestead protection shall be accompanied by either of the documents referred to in the second paragraph of this section.
For the purposes of this section, a disabled person is defined as an individual who has any medically determinable permanent physical or mental impairment which would meet the disability requirements for supplemental security income under the provisions of 42 USC 1382c(a)(3)(A) and (C), which are in effect at the time of filing. An original or certified copy of a disability award letter issued to the person by the United States Social Security Administration; or a letter signed by a licensed physician registered with the Massachusetts Board of Registration in Medicine certifying that the person meets the disability requirements stated in 42 USC 1382c(a)(3)(A) and (C), which are in effect at the time of filing, shall be recorded or filed, whichever is appropriate, with a disabled person's declaration of homestead protection.
Each individual having an ownership interest in the real property or manufactured home which serves as that individual's principal residence and who qualifies under the provisions of this section shall, upon filing of an elderly or disabled person's declaration of homestead protection, be eligible for protection of such ownership interest up to a maximum amount of $500,000 per individual, regardless of whether such declaration is filed individually or jointly with another.
The following shall be exempt from the provisions of this section: federal, state and local taxes, assessments, claims and liens; first and second mortgages held by financial institutions or others; any and all debts, encumbrances or contracts existing prior to the filing of the declaration; an execution issued from the probate court to enforce its judgment that a spouse pay a certain amount weekly or otherwise for the support of a spouse or minor children; where buildings on land not owned by the owner of a homestead estate are attached, levied upon or sold for the ground rent of the lot whereon they stand.
The elderly or disabled person's estate or claim of homestead shall be terminated upon the sale or transfer of the real property or manufactured home during the declarant's lifetime or upon the sale or transfer of the declarant's interest in the real property or manufactured home during the declarant's lifetime or upon the death of the surviving declarant. An elderly or disabled person's estate of homestead created by this section shall be terminated during the lifetime of the declarant by deed conveying the property in which such an estate of homestead exists signed by the declarant; or by a release of the elderly or disabled person's estate of homestead, duly signed, sealed and acknowledged by the declarant and recorded in the registry of deeds for the county or district in which such real estate is located; or by a release of the elderly or disabled person's claim of homestead, duly signed, sealed and acknowledged by the declarant and filed in the city or town clerk's office in the city or town in which the manufactured home is located; or pursuant to section two.
§ 2. Designation in conveyance; manufactured homes
To acquire an estate of homestead in real property, the fact that it is designed to be held as such shall be set forth in the deed of conveyance by which the property is acquired; or, after the title has been acquired, such design may be declared by a writing duly signed, sealed and acknowledged and recorded in the registry of deeds for the county or district in which the property is situated. To acquire a claim of homestead in a manufactured home, the fact that it is designed to be held as such shall be set forth in a writing duly signed, sealed and acknowledged and filed at the city or town clerk's office in the city or town in which the manufactured home is located. The acquisition of a new estate or claim of homestead shall defeat and discharge any such previous estate.
§ 3. Use by spouse or minor children
In a case in which the probate court has entered a judgment that a spouse is living apart from the owner of a homestead estate for justifiable cause, or the custody of minor children or of a minor child has been awarded by judgment to some person other than said owner, the probate court may by its judgment grant to the spouse or minor children, or to both, the right to use, occupy and enjoy such homestead estate until the further order of the court. The recording of the order of the probate court granting to the spouse or minor children, or to both, the right to use, occupy and enjoy said homestead estate, together with the description thereof, in the registry of deeds for the county or district where the land lies, shall operate to prevent the owner of the homestead estate from disposing of said estate until such time as the probate court may revoke said judgment.
§ 4. Continuance after death of person holding homestead for benefit of spouse and minor children
The estate of homestead existing at the death of a person holding a homestead shall continue for the benefit of the surviving spouse and minor children and shall be held and enjoyed by them, if one of them or a purchaser under section eight occupies the premises, until the youngest unmarried child is eighteen and until the marriage or death of the spouse; and if a widow or minor children are entitled to an estate of homestead as provided herein, it may be set off to them in the same manner as dower. But all the right, title and interest of the deceased in the premises in which such estate exists, except the estate of homestead thus continued, shall be subject to the laws relating to devise, descent, dower and sale for the payment of debts and legacies.
§ 5. Prior mortgages, liens or other encumbrances
No estate of homestead shall affect a mortgage, lien or other encumbrance previously existing.
§ 6. Property subject to prior mortgage
Property which is subject to a mortgage executed before an estate of homestead was acquired therein, or executed afterward and containing a release thereof, shall be subject to an estate of homestead, except as against the mortgagee and those claiming under him, in the same manner as if there were no such mortgage. If the owner of the equity in such property redeems the mortgage, he shall not be allowed to claim under it against the owner of the estate of homestead, his or her surviving spouse, heirs or assigns; but if said owner of the estate of homestead, his or her surviving spouse, heirs or assigns offers to redeem the residue above the homestead estate and the mortgage from a sale or set-off on execution and the judgment creditor has redeemed the mortgage, the amount paid for such redemption of the mortgage, with interest and expenses, shall be included in the amount to be paid for the redemption of said residue.
§ 7. Termination of estate of homestead
An estate of homestead created under section two may be terminated during the lifetime of the owner by either of the following methods:--(1) a deed conveying the property in which an estate of homestead exists, signed by the owner and the owner's spouse, if any, which does not specifically reserve said estate of homestead; or by (2) a release of the estate of homestead, duly signed, sealed and acknowledged by the owner and the owner's spouse, if any, and recorded in the registry of deeds for the county or district in which the property is located.
A deed reserving said estate of homestead shall convey, according to its terms, any title or interest in the property beyond the estate of homestead.
§ 7A. Repealed, 1971, 423, Sec. 7
§ 8. Sale of right of surviving spouse or minor children
The surviving spouse and the guardian of the minor children, if he has obtained a license therefor from the probate court as in the sale of land of minors, may join in a sale of an estate of homestead; or if there is no surviving spouse entitled to rights therein, the guardian may, upon obtaining such license, make sale of such estate; and the surviving spouse may make such sale if there are no minor children. The purchaser shall enjoy and possess the premises for the full time the surviving spouse and children or either of them might have continued to hold and enjoy them if no sale had been made. The probate court may apportion the proceeds of the sale among the parties entitled thereto.
§ 9. Set off of homestead estate to insolvent debtor; appraisal
If the property of a debtor is assigned under the laws relative to insolvent debtors, and such debtor claims, and it appears to the court wherein the proceedings in insolvency are pending, that he is entitled to hold a part thereof as a homestead and that the property in which such estate of homestead exists is of greater value than fifty thousand dollars, the court shall cause the property to be appraised by three disinterested appraisers, one of whom shall be appointed by the insolvent, one by the assignee and the third by the court; or if either the assignee or insolvent neglects to appoint, the court shall appoint for him. The appraisers shall be sworn faithfully and impartially to appraise the property, and shall appraise and set off an estate of homestead therein to the insolvent debtor in the manner prescribed in section eighteen or chapter two hundred and thirty-six in case of a judgment debtor; and the residue shall vest in and be disposed of by the assignee in the same manner as property which is not exempt by law from levy on execution. The appraisers shall be entitled to the same fees, to be paid out of the estate in insolvency, as are allowed to an appraiser of land seized upon execution.
§ 10. Continuing rights
All existing estates of homestead which have been acquired under any law heretofore in force shall continue to be held and enjoyed notwithstanding the repeal of such law.
Part III. Courts, Judicial Officers and Proceedings in Civil Cases (Ch. 211-262)
Title II. Actions and Proceedings Therein (Ch. 223-236)
Chapter 235. Judgment and Execution (Refs & Annos)
§ 34. Property exempt from execution
The following property of the debtor shall be exempt from seizure on execution:
First, The necessary wearing apparel, beds and bedding for himself and his family; one heating unit used for warming the dwelling house, and the amount each month, not exceeding seventy-five dollars, reasonably necessary to pay for fuel, heat, water, hot water and light for himself and his family.
Second, Other household furniture necessary for him and his family, not exceeding three thousand dollars in value.
Third, The bibles, school books and library, used by him or his family, not exceeding two hundred dollars in value.
Fourth, Two cows, twelve sheep, two swine and four tons of hay.
Fifth, Tools, implements and fixtures necessary for carrying on his trade or business, not exceeding five hundred dollars in value.
Sixth, Materials and stock designed and procured by him and necessary for carrying on his trade or business, and intended to be used or wrought therein, not exceeding five hundred dollars in value.
Seventh, Provisions necessary and procured and intended for the use of the family, or the money necessary therefor, not exceeding three hundred dollars in value.
Eighth, One pew occupied by him or his family in a house of public worship; but this provision shall not prevent the sale of a pew for the nonpayment of a tax legally laid thereon.
Ninth, Boats, fishing tackle and nets of fishermen actually used by them in the prosecution of their business, not exceeding five hundred dollars in value.
Tenth, The uniform of an officer or soldier in the militia and the arms and accoutrements required by law to be kept by him.
Eleventh, Rights of burial and tombs in use as repositories for the dead.
Twelfth, One sewing machine, in actual use by each debtor or by his family, not exceeding two hundred dollars in value.
Thirteenth, Share [FN1] in co-operative associations subject to chapter one hundred and fifty-seven, not exceeding one hundred dollars in value in the aggregate.
Fourteenth, Estates of homestead as defined in chapter one hundred and eighty-eight or, in lieu thereof, the amount of money each rental period, not exceeding two hundred dollars per month, necessary to pay the rent for the dwelling unit occupied by him and his family.
Fifteenth, Cash, savings or other deposits in a banking institution, or money owed to him each pay period as wages for personal labor or services, or any combination of such cash, deposits or money owing, not exceeding one hundred and twenty-five dollars, or any sum of money which was received by or is owing to him as public assistance.
Sixteenth, An automobile necessary for personal transportation or to secure or maintain employment, not exceeding seven hundred dollars in value.
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