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

Mass. Gen. Laws ch. 188, § 10

Termination of estate of homestead

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[Subsections (a) and (b) applicable as provided by 2022, 175, Sec. 30G.]

Section 10. (a) An estate of homestead created under section 3 or 4 may be terminated by any of the following methods: (1) a deed to a non-family member conveying the home, signed by the owner and, if any, a non-owner spouse or former spouse who resides in the home as a principal residence as of the date of the deed, provided however, that a deed to a trustee of a trust for the benefit of a grantor shall not terminate that grantor's existing homestead, which shall continue as to the interest of that grantor as trust beneficiary; (2) a recorded release of the estate of homestead, duly signed and acknowledged by the owner and, if any, a non-owner spouse or former spouse who resides in the home as a principal residence as of the date of the release, which release may be executed by those persons either separately or jointly; (3) the abandonment of the home as the principal residence by the owner, the owner's spouse, former spouse or minor children, except that such abandonment shall terminate only the rights of the persons who have abandoned the home; provided, however, that no person in military service as defined in 50 U.S.C. appendix, section 511 shall be deemed to have abandoned the home due to such military service; (4) in the case of a home the title to which is held in trust, by either: (i) the execution of a deed or a release of homestead by the trustee; or (ii) action of a beneficial owner identified in the declaration, who is not a minor child, taken in the same manner as provided in clauses (2) and (3); (5) the subsequent recorded declaration of an estate of homestead under section 3 on other property, except that such declaration shall terminate only the rights of the owner making such subsequent declaration and the rights of that owner's spouse and minor children who reside or intend to reside in the other property as their principal residence; (6) a deed setting forth (i) that the grantor is unmarried or (ii) that the property is either not a home or not the grantor's home; (7) a deed that includes a statement certified under the penalties of perjury that (i) there is no spouse or former spouse entitled to an estate of homestead or (ii) the property is not the home of the grantor's spouse or former spouse; (8) a recorded affidavit pursuant to section 5B of chapter 183 setting forth that, at the time of delivery of a deed, mortgage or other instrument of conveyance to a non-family member, (i) the grantor was unmarried, or (ii) the grantor had no spouse or former spouse entitled to claim the benefit of an existing estate of homestead, or (iii) the property was not a home, or (iv) the property was not the home of the grantor or the grantor's spouse or former spouse; provided, however, that the affidavit may be recorded simultaneously or subsequent to the deed, mortgage or other instrument of conveyance; (9) a divorce judgment or decree of a court of competent jurisdiction shall release the homestead of a spouse who (a) is required therein to convey title to the home to the other spouse, or (b) was not an owner of the home and was not awarded therein either title or possessory rights in the home.

(b) No deed between spouses or former spouses or co-owners who individually or jointly hold an estate of homestead under section 3 or section 4 and no deed between a trustee and a trust beneficiary or between a life tenant and a remainderman shall terminate the homestead unless each co-owner, spouse, former spouse, trust beneficiary or remainderman entitled to the benefit of the homestead has executed an express release thereof pursuant to clause (2) or clause (4) of subsection (a).

(c) If a subsequent declaration on other property which terminates a homestead under clause (5) of subsection (a) is later invalidated, the prior declaration shall not be reinstated; provided, however, that the owner shall have the benefit of the provisions of section 4.

(d) Except for the subordination provided in section 9, nothing contained in a mortgage or any document executed in connection therewith shall terminate or otherwise affect a homestead estate.

(e) A deed reserving an estate of homestead shall convey, according to its terms, any title or interest in the property beyond the estate of homestead.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1995–2022 · leading case: In re D'Italia
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In re D'Italia (2014) mab · cites it 8× “He posits that Mass. Gen. Laws ch. 188, § 10 only applies to releases which completely eliminate homestead protection with respect to all other creditors.”
In re Williams (2014) mab · cites it 3× “Moreover, the expiration of the one year period described in Mass. Gen. Laws ch. 188, § 11 is not one of the termination methods listed in *404 Mass.”
Dwyer v. Cempellin (1996) mass “See G. L. c. 188, § 10 (1994 ed.) (“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”).”
In Re Roberts (2001) mab “" Mass. Gen. Laws ch. 188, § 10 . See also Dwyer v.”
In Re Jones (2011) mab · cites it 2× “Indeed, in the 2010 amendment to Mass. Gen. Laws ch. 188, § 7 , the legislature made clear that deeds between spouses or former spouses would not terminate existing homestead estates unless an express release is executed.”
In re Dickey (2014) mab “” Mass. Gen. Laws ch. 188, § 1 . Thus, even if the Ridgewood Judgment did not reconvey the Property back to the Debtor as I have determined, she remains an "owner” by virtue of her beneficial interest in the Lanac Trust.”
In re Migell (2017) flmb “Mass. Gen. Laws Ann. ch. 188, § 10 (3). ‘‘[T]he Supreme Judicial Court [of Massachusetts’s] would rule that a homestead estate could be terminated by abandonment.”
Dwyer v. Cempellin (1995) mad “1 One could view the purpose of M.G.L. c. 188, § 10, as insuring that while homesteaders will never have less protection than that offered by the statute under which they file, they will always have the benefit of more.”
Desmond v. Chiang (In re Chiang) (2016) mab “See Mass. Gen. Laws ch. 188, § 10 . The Debtor and Mrs.”
In re Savino (2016) mab “See Mass. Gen. Laws ch. 188, § 10 . Although the declaration of homestead was recorded on May 20, 2011, it was executed by the Debt- or and his spouse on April 6, 2011, before the filing of the People’s United Bank complaint.”
Utica Mutual Insurance v. Cohen (2014) masssuperct · cites it 2× “See G.L.c. 188, §10(b). Under the current version of the statute, “[n]o deed between spouses or former spouses .”
DOMINIK LAY v. CITY OF LOWELL & another. (2022) massappct “See G. L. c. 188, § 10 (a) (3) (homestead terminates for owners who abandon home as principal residence but not for coowners who still live there).”
— Mass. Gen. Laws ch. 188, § 10(b) — 1 case
Utica Mutual Insurance v. Cohen (2014) masssuperct “See G.L.c. 188, §10(b). Under the current version of the statute, “[n]o deed between spouses or former spouses .”
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