Protect Your Equity With a MA Homestead Filing

What would it take to protect up to $1,000,000 of your home equity? If you own or plan to buy in Watertown, a Massachusetts Homestead filing is one of the simplest, most affordable safeguards you can put in place. In this guide, you’ll learn what changed in 2024, what a homestead does and does not protect, and exactly how to file at the Middlesex South Registry of Deeds. Let’s dive in.

Homestead basics: automatic vs. declared

A homestead protects the equity in your principal residence from many unsecured creditors. Massachusetts gives you two layers of protection.

• Automatic protection applies without filing and covers $125,000 of equity. You do not need to record anything for this baseline protection, but it is limited. You can review this on the Middlesex South Registry’s homestead overview. (Middlesex South homestead information)
• Declared protection requires recording a Declaration of Homestead at the Registry. As of 2024, the declared homestead protects up to $1,000,000 of equity in your principal residence.

What changed in 2024

In August 2024, the Legislature raised the declared homestead cap from $500,000 to $1,000,000, effective immediately. You can see the change in the session law that amended Chapter 188. (Acts of 2024, Chapter 150)

If you already recorded a valid homestead, you generally do not need to refile to get the higher limit. Registries across the state have confirmed the increase applies to existing homesteads. (Norfolk Registry announcement on the increased limit)

Why Watertown owners should care

Your home is often your largest asset. A recorded homestead makes it harder for many unsecured creditors to force a sale of your principal residence, up to the statutory amount. It does not erase debts, but it protects your equity.

If you sell a homesteaded home, the sale proceeds can remain protected for up to one year or until you buy a new principal residence, whichever comes first. Insurance proceeds from a covered casualty loss can be protected for up to two years or until reconstruction or a new purchase. (Registry guidance on sale and insurance proceeds)

How to file in Watertown

Filing is straightforward and affordable. The homestead becomes effective when recorded.

1. Confirm your principal residence

• The homestead covers only your primary home. Check the Registry’s basic rules. (Middlesex South homestead information)

2. Get the correct form and notarize

• Use the standard Declaration of Homestead form. There are versions for individuals and for trusts. Complete it fully, have all required owners or the trustee sign, and get the signatures notarized. (Homestead forms and Q&A)

3. Record at Middlesex South Registry of Deeds

• File in person or by mail at Middlesex South Registry of Deeds, 208 Cambridge Street, Cambridge, MA 02141. Recording hours and details are on the Registry’s contact page, or call (617) 679-6300 to confirm. The typical recording fee is $35. Confirm the current fee and payment method before sending. (Middlesex South contact page)
• Many attorneys and settlement agents can e-record on your behalf. Ask your closing professional whether they can submit electronically.

4. Keep proof

• After recording, keep a certified copy of your homestead with your records and closing documents. If you buy or refinance, your closing attorney must notify you about homestead rights. (Homestead forms and Q&A)

What it does not cover

A homestead does not protect against every type of claim. Key exceptions include:

• Federal, state, or local tax liens
• Mortgages and other consensual liens
• Liens recorded before your homestead
• Court orders for child or spousal support
• Certain judgments based on fraud, duress, mistake, or lack of capacity
• Nursing-home and Medicaid liens, which have special rules

You can review these exceptions in local registry guidance. (Middlesex South homestead information)

Special ownership situations

Ownership structure matters. For joint tenants or tenants by the entirety, the homestead typically applies as a whole. For tenants in common or trust-held property, the statute includes allocation rules that may prorate protection.

Trusts can qualify, but the trustee must record the proper trust homestead form and identify qualifying beneficiaries who occupy the home. The statute also includes provisions for elderly or disabled homeowners. When ownership or family circumstances are complex, consider speaking with an attorney and use the Registry’s guidance to choose the correct form. (Middlesex South homestead information) (Acts of 2024, Chapter 150)

Watch for mail solicitations

If you receive letters offering expensive copies of your deed or paid filing services, proceed with caution. The Registry warns residents about these solicitations. Homestead forms are free and you only pay the modest recording fee. When in doubt, contact the Registry directly. (Middlesex South consumer advisory)

Final thoughts and next step

A recorded Declaration of Homestead can protect up to $1,000,000 of equity in your Watertown home, takes little time to file, and costs about $35 to record. If you are buying, selling, or refinancing, make sure this protection is part of your planning. If you want to talk through how a homestead fits into your move or upcoming closing, reach out to Maija Sawyer for local guidance and a smooth path forward.

FAQs

How much protection does a declared homestead provide in Massachusetts?

• Up to $1,000,000 of equity in your principal residence after the 2024 update to the law. (Acts of 2024, Chapter 150)

Where do Watertown homeowners file a homestead?

• At the Middlesex South Registry of Deeds, 208 Cambridge Street, Cambridge, MA 02141; check hours and fees on the Registry’s contact page. (Middlesex South contact page)

Do I need to refile to get the new $1,000,000 limit?

• Generally no; registries have stated the increased cap applies to valid homesteads already on record. (Norfolk Registry announcement)

Does a homestead block tax liens or my mortgage?

• No; it does not protect against tax liens, mortgages, prior recorded liens, or support orders, among other exceptions. (Middlesex South homestead information)

How long are sale or insurance proceeds protected?

• Sale proceeds can be protected for up to one year or until you buy a new principal residence; insurance proceeds can be protected for up to two years or until reconstruction or a new purchase. (Registry guidance on proceeds)

Can I claim homestead if my home is in a trust?

• Yes; the trustee files a trust homestead form that lists beneficiaries who occupy the home as a principal residence. (Middlesex South homestead information)

Will a homestead interfere with refinancing?

• No; mortgages typically subordinate the homestead rather than revoke it, and refinances do not cancel a valid homestead. (Overview of homestead law and financing)