Skip to main content

Declaration of homestead for multifamily home or condo?

I own a three family home in Massachusetts and I want to record a declaration of homestead. I live in one of the units and rent out the other two. Can I do that? Will the declaration of homestead be effective? Does it matter that I live in the home?

Declaration of Homestead

Yes.  In December of 2010, the Governor of Massachusetts signed a new Homestead Law that is designed to clear up several issues surrounding this very important tool for MA residents. Under the old law it was not clear whether owners of multi-family homes could record a declaration of homestead if they were not disabled or at least 62 years old.  The new law is very clear.  Any owner of a two to four unit home, a condominium, or manufactured home can now execute and record a declaration of homestead and benefit from the protections offered by the law, as long as the home in question is her primary residence.  You can follow this link for more general information about a Declaration of Homestead

Talk to a Lawyer Today
Find a Real Estate Attorney in your County
Most offer FREE Consultations