Mass. Gen. Laws » Part II Title I Chapter 188
Massachusetts General Laws

Mass. Gen. Laws ch. 188, § 1 (2026)

Definitions

✓ current as of July 2026
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Section 1. For the purposes of this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

''Automatic homestead exemption'', an exemption in the amount of $125,000 pursuant to section 4; provided, however, that: (1) with respect to a home owned as joint tenants or as tenants by the entirety, the automatic homestead exemption shall remain whole and unallocated between the owners, provided that the owners together shall not be entitled to an automatic homestead exemption in excess of $125,000; and (2) with respect to a home owned by multiple owners as tenants in common or as trust beneficiaries, the automatic homestead exemption shall be allocated among all owners in proportion to their respective ownership interests.

''Declared homestead exemption'', an exemption in the amount of $1,000,000 created by a written declaration, executed and recorded pursuant to section 5; provided, however, that: (1) with respect to a home owned by joint tenants or tenants by the entirety who are benefited by an estate of homestead declared pursuant to section 3, the declared homestead exemption shall remain whole and unallocated, provided that the owners together shall not be entitled to a declared homestead exemption in excess of $1,000,000; (2) if a home is owned by tenants in common or trust beneficiaries, the declared homestead exemption for each co-tenant and trust beneficiary who benefits by an estate of homestead declared pursuant to said section 3 shall be the product of: (i) $1,000,000 divided by (ii) the number of co-tenants or trust beneficiaries who reside in the home as a principal residence; (3) except as provided in clause (4), each person who owns a home and who is benefited by an estate of homestead declared pursuant to section 2 shall be entitled to the declared homestead exemption without reduction, proration or allocation among other owners of the home; and (4) separate estates of homestead may be declared pursuant to sections 2 and 3 on the same home, and in such event: (i) if the home is owned by tenants in common or trust beneficiaries, the declared homestead exemption for each co-tenant and trust beneficiary who benefits by an estate of homestead declared pursuant to section 3 shall be calculated in the manner provided in clause (2), and the declared homestead exemption for each co-tenant and trust beneficiary who benefits by an estate of homestead declared pursuant to section 2 shall be calculated in the manner provided in clause (3); or (ii) if the home is owned by joint tenants or tenants by the entirety, the declared homestead exemption for the owners together shall be the sum of $1,000,000 multiplied by the number of declarations recorded pursuant to section 2, plus $250,000; provided, however, that the homestead exemption under this subclause shall remain whole and unallocated among the owners; and provided further, that no owner who declares a homestead, acting individually, shall be entitled to claim an exemption of more than $1,000,000; and (5) the calculation of the amount of homestead exemption available to an owner shall not sever a joint tenancy or tenancy by the entirety.

''Disabled person'', an individual who has a medically-determinable, permanent physical or mental impairment that would meet the disability requirements for Supplemental Security Income under 42 U.S.C. 1382c(a)(3)(A) and 42 U.S.C. 1382c(a)(3)(C) as in effect at the time of recording.

''Elderly person'', an individual 62 years of age or older.

''Family'' or ''family members'', (1) married individuals, both of whom own a home, and any minor child; (2) a married individual who owns a home, a non-titled spouse of the married individual and any minor child; or (3) an unmarried individual who owns a home and any minor child.

''Home'', the aggregate of: (1) any of the following: (i) a single-family dwelling, including accessory structures appurtenant thereto and the land on which it is located; (ii) a 2 to 4–family dwelling, including accessory structures appurtenant thereto and the land on which it is located; (iii) a manufactured home as defined in section 32Q of chapter 140; (iv) a unit in a condominium, as those terms are defined in section 1 of chapter 183A, that is used for residential purposes; or (v) a residential cooperative housing unit established pursuant to chapters 156B, 157B, 180 or otherwise; (2) the sale proceeds as provided in clause (1) of subsection (a) of section 11; and (3) the proceeds of any policy of insurance insuring the home against fire or other casualty loss as provided in clause (2) of said subsection (a) of said section 11.

''Minor child'', a person aged 21 and under, who is the natural or adopted child of an owner or owner's spouse entitled to the benefits of this chapter, notwithstanding any law to the contrary.

[Definition of ''Owner'' applicable as provided by 2022, 175, Sec. 30G.]

''Owner'', a natural person who is a sole owner, joint tenant, tenant by the entirety, tenant in common, life estate holder, remainderman or holder of a present, vested and non-contingent beneficial interest in a trust, including any of the foregoing who is a lessee-shareholder of a residential cooperative housing unit.

''Principal residence'', the home where an owner, and the owner's family if applicable, resides or intends to reside as the primary dwelling; provided, however, that no person shall hold concurrent rights in more than 1 principal residence.

''Record'', ''recording'' or ''recorded'', the act of recording in the registry of deeds or the registry district of the land court for the county or district wherein the home lies, except that with respect to a manufactured home located on registered land, recording in the registry of deeds shall be sufficient.

Notes of Decisions
Cited in 161 cases (6 in the last 5 years), 1977–2025 · leading case: Dwyer v. Cempellin, 424 Mass. 26 (Mass. 1996).
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Dwyer v. Cempellin, 424 Mass. 26 (Mass. 1996). · cites it 15× “The questions concern the proper construction of the homestead statute, G. L. c. 188, § 1 (1994 ed.). We summarize the agreed facts.”
Garran v. SMS Fin. V, LLC (In Re Garran), 338 F.3d 1 (1st Cir. 2003). · cites it 6× “At issue is whether David Garran is entitled to claim both his $300,000 exemption as a disabled person, pursuant to Mass. Gen. Laws Ann. ch. 188, § 1A (West Supp.”
In Re Miller, 113 B.R. 98 (Bankr. D. Mass. 1990). · cites it 10× “The Massachusetts homestead statute, G.L. c. 188, § 1 et seq., prevents creditors and trustees in bankruptcy from reaching a portion of the homeowner’s equity in his or her home.”
In Re Whalen-Griffin, 206 B.R. 277 (Bankr. D. Mass. 1997). · cites it 16× “In his Objection, the Chapter 13 Trustee stated that both Debtors claimed a homestead exemption in real property pursuant to Mass.Gen.Laws Ann. ch. 188, § 1 (West 1991 & Supp.”
In Re Gunnison, 397 B.R. 186 (Bankr. D. Mass. 2008). · cites it 13× “2 On Schedule C-Property Claimed as Exempt (“Schedule C”), the Debtors claimed homestead exemptions pursuant to Mass. Gen. Laws ch. 188, § 1 on both the Old Plainville Road Property and the Sassaquin Ave Property in the amounts of $125,000 and $10,000, respectively.”
In Re Webber, 278 B.R. 294 (Bankr. D. Mass. 2002). · cites it 6× “The issue presented by the Trustee objection to the Debtor’s claim of a homestead exemption under the Massachusetts homestead statute, G.L. c. 188, § 1, is this: whether the estate of homestead ceases to exist when the owner who validly acquired it ceases both occupying the…”
In Re Garran, 274 B.R. 570 (Bankr. D. Mass. 2002). · cites it 8× “The first issue is whether the Debtor is entitled to claim both his homestead exemption under Mass. Gen. Laws. Ann. ch. 188, § 1A (West 2001) as well as that of his non-debtor spouse under Mass.”
Casey v. Grasso (In Re Riccitelli), 320 B.R. 483 (Bankr. D. Mass. 2005). · cites it 5× “y her complaint in this adversary proceeding, the Chapter 7 Trustee seeks to liquidate the Debtor’s cause of action against his bankruptcy attorney for malpractice: the attorney allegedly failed to file the Debtor’s declaration of homestead before filing the Debtor’s Chapter 7…”
Hildebrandt v. Collins (In Re Hildebrandt), 320 B.R. 40 (1st Cir. BAP 2005). · cites it 5× “Hildebrandt (the “Debtor”), appeals from the bankruptcy court’s August 20, 2004 order sustaining the Chapter 7 Trustee’s objection to the Debtor’s claim of homestead exemption in real property under Mass. Gen. Laws ch. 188, § 1 . The issue on appeal is whether a homestead…”
Boyle v. Weiss, 962 N.E.2d 169 (Mass. 2012). · cites it 7× “In a proceeding under Chapter 7 of the United States Bankruptcy Code currently pending in the United States Bankruptcy Court for the District of Massachusetts, a question has arisen concerning the application of the Commonwealth’s homestead protection statute, G. L. c. 188, § 1,…”
Patriot Portfolio, LLC v. Weinstein (In Re Weinstein), 164 F.3d 677 (1st Cir. 1999). · cites it 3× “Mass. Gen. Laws ch. 188, § 1 (emphasis added).”
In re Williams, 515 B.R. 395 (Bankr. D. Mass. 2014). · cites it 7× “188, § 6 will expire pursuant to the terms of that order and the period under Mass. Gen. Laws ch. 188, § 11 (a) having already expired, the Share Proceeds will cease to be exempt.”
Show all 161 citing cases →
— Mass. Gen. Laws ch. 188, § 1(1) — 1 case
In Re Weinstein, 217 B.R. 5 (D. Mass. 1998).
— Mass. Gen. Laws ch. 188, § 1(2) — 7 cases
In Re Miller, 113 B.R. 98 (Bankr. D. Mass. 1990). “The Massachusetts homestead statute, G.L. c. 188, § 1 et seq., prevents creditors and trustees in bankruptcy from reaching a portion of the homeowner’s equity in his or her home.”
In Re Whalen-Griffin, 206 B.R. 277 (Bankr. D. Mass. 1997). “In his Objection, the Chapter 13 Trustee stated that both Debtors claimed a homestead exemption in real property pursuant to Mass.Gen.Laws Ann. ch. 188, § 1 (West 1991 & Supp.”
Patel v. Amresco SBA Holdings, Inc., 867 N.E.2d 337 (Mass. App. Ct. 2007).
In Re Ballirano, 233 B.R. 11 (Bankr. D. Mass. 1999).
In Re Weinstein, 217 B.R. 5 (D. Mass. 1998).
— Mass. Gen. Laws ch. 188, § 1(3) — 2 cases
In Re Miller, 113 B.R. 98 (Bankr. D. Mass. 1990). “The Massachusetts homestead statute, G.L. c. 188, § 1 et seq., prevents creditors and trustees in bankruptcy from reaching a portion of the homeowner’s equity in his or her home.”
In Re Ballirano, 233 B.R. 11 (Bankr. D. Mass. 1999).
— Mass. Gen. Laws ch. 188, § 1(6) — 1 case
Clearone Commc'ns, Inc. v. Chiang, 717 F. Supp. 2d 142 (D. Mass. 2010).
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