Massachusetts General Laws

Mass. Gen. Laws ch. 188, § 11 (2026)

Protection of proceeds received on account of sale, taking or damage of home subject to an estate of homestead; period of protection

✓ current as of July 2026

Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

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

Section 11. (a) If a home that is subject to an estate of homestead is sold, whether voluntarily or involuntarily, taken or damaged by fire or other casualty, then the proceeds of any such sale, taking or damage shall be entitled to the protection of this chapter during the following periods: (1) in the event of a sale, whether voluntary or involuntary, or a taking, for a period ending on the date on which the person benefited by the homestead either acquires another home the person intends to occupy as a principal residence or 1 year after the date on which the sale or taking occurred, whichever first occurs; and (2) in the event of a fire or other casualty, for a period ending on: (i) the date upon which the reconstruction or repair to the home is completed or the date on which the person benefited by the homestead acquires another home the person intends to occupy as a principal residence; or (ii) 2 years after the date of the fire or other casualty, whichever first occurs.

(b) For the purposes of this section, occupancy of a trailer, manufactured home or other temporary housing shall not establish principal residency in a reconstructed or replacement home.

Notes of Decisions

Cited in 7 cases, 2012–2018 · leading case: In re Williams, 515 B.R. 395 (Bankr. D. Mass. 2014).

Sort: Relevance Newest Treatment

In re Williams, 515 B.R. 395 (Bankr. D. Mass. 2014). · cites it 17× “” 4 Instead, he posits that the Debtor actually relies on Mass. Gen. Laws ch. 188, § 11 , which applies to the proceeds from the sale of a home.”

In re Ward, 595 B.R. 127 (Bankr. E.D.N.Y. 2018). “Mass. Gen. Laws ch. 188, § 1 et al. The exemption in proceeds is conditional up to the earlier of the debtor obtaining another homestead or one year from the date of the sale.”

In re Peirce, 483 B.R. 368 (Bankr. D. Mass. 2012). · cites it 3× “They also contend that they would be entitled to exempt the entire proceeds from the sale under Mass. Gen. Laws ch. 188, § 11 , precluding any recovery by the Trustee.”

Mateer v. Ostrander (In re Mateer), 525 B.R. 559 (Bankr. D. Mass. 2015). · cites it 2× “Before the interpleader action could be adjudicated, the debtor filed his bankruptcy petition and claimed the state homestead exemption in the surplus foreclosure sale proceeds based on the state statute under consideration here, Mass. Gen. Laws ch. 188, § 11 (a). In denying the…”

In re Plant, 503 B.R. 224 (Bankr. D. Mass. 2013). · cites it 4× “26 As part of a comprehensive re-drafting of the Homestead Statute, the Legislature enacted a new provision, Mass. Gen. Laws ch. 188, § 11 , which provides limited protection to proceeds received on account of damage to the estate of homestead, such as by fire or other casualty.”

In re Canto, 476 B.R. 370 (Bankr. D. Mass. 2012). · cites it 4× “Debtor asserts an exemption in the Surplus pursuant to M.G.L. c. 188, § 11 in the amount of $500,000.”

Tewhey v. Bodkins, 29 Mass. L. Rptr. 490 (Mass. Super. Ct. 2012). “” G.L.c. 188, §11(a)(1). Prior to the 2010 revision of the Homestead statute, the statute provided six exceptions to an exemption for a homestead estate.”

— Mass. Gen. Laws ch. 188, § 11(a) — 1 case

In re Canto, 476 B.R. 370 (Bankr. D. Mass. 2012). “Debtor asserts an exemption in the Surplus pursuant to M.G.L. c. 188, § 11 in the amount of $500,000.”

— Mass. Gen. Laws ch. 188, § 11(a)(1) — 2 cases

In re Canto, 476 B.R. 370 (Bankr. D. Mass. 2012). “Debtor asserts an exemption in the Surplus pursuant to M.G.L. c. 188, § 11 in the amount of $500,000.”

Tewhey v. Bodkins, 29 Mass. L. Rptr. 490 (Mass. Super. Ct. 2012). “” G.L.c. 188, §11(a)(1). Prior to the 2010 revision of the Homestead statute, the statute provided six exceptions to an exemption for a homestead estate.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.