Massachusetts General Laws

Mass. Gen. Laws ch. 188, § 3 (2026)

Acquisition and creation of estate of homestead; exemptions

✓ current as of July 2026

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Section 3. (a) An estate of homestead to the extent of the declared homestead exemption in a home may be acquired by 1 or more owners who occupy or intend to occupy the home as a principal residence. The estate of homestead shall be created by a written declaration executed and recorded in accordance with section 5. A homestead declaration shall benefit each owner making the declaration and that owner's family members who occupy or intend to occupy the home as their principal residence. The homestead rights of non-titled family members shall consist of the right to use, occupy and enjoy the home as their principal residence.

(b) An estate of homestead shall be exempt from the laws of conveyance, descent, devise, attachment, seizure, execution on judgment, levy and sale for payment of debts or legacies except as follows:

(1) for a sale for federal, state and local taxes, assessments, claims and liens;

(2) for a lien on the home recorded prior to the creation of the estate of homestead;

(3) for a mortgage on the home as provided in sections 8 and 9;

(4) upon an order by a court that a spouse, former spouse or parent shall pay a certain amount weekly or otherwise for the support of a spouse, former spouse or minor children;

(5) where buildings on land not owned by the owner of the estate of homestead are attached, levied upon or sold for the ground rent of the lot upon which they are situated; and

[Clause (6) of subsection (b) applicable as provided by 2022, 175, Sec. 30G.]

(6) upon an execution issued from a court of competent jurisdiction to enforce its judgment based upon fraud, duress, undue influence or lack of capacity.

Notes of Decisions

Cited in 33 cases (4 in the last 5 years), 2002–2025 · leading case: In re Dickey, 517 B.R. 5 (Bankr. D. Mass. 2014).

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In re Dickey, 517 B.R. 5 (Bankr. D. Mass. 2014). · cites it 13× “to Debtor’s Claim of Homestead Exemption” (the “NEPCO Homestead Objection”), asserting, inter alia, that the NEP-CO Lien is excepted from the Exemption pursuant to Mass. Gen. Laws ch. 188, § 3 (b)(6) as being based on fraud and that the Exemption must be otherwise limited to…”

In re Corbett, 478 B.R. 62 (Bankr. D. Mass. 2012). · cites it 4× “N&G states that no deed was ever executed or recorded from Cheryl to the Debtor and that pursuant to Mass. Gen. Laws ch. 188, § 3 (6), no homestead exemption is granted “upon an execution issued from a court of competent jurisdiction to enforce its judgment based upon fraud.”

Schatz v. Access Grp., Inc. (In re Schatz), 602 B.R. 411 (1st Cir. BAP 2019). · cites it 3× “"The preservation of the home is of paramount importance because there the family may be sheltered and preserved.”

In re Newcomb, 513 B.R. 7 (Bankr. D. Mass. 2014). · cites it 4× “Starting at the most natural place, Mass. Gen. Laws ch. 188, § 3 , provides that; [a]n estate of homestead to the extent of the declared homestead exemption in a home may be acquired by 1 or more *13 owners who occupy or intend to occupy the home as a principal residence.”

Degiacomo v. Traverse, 753 F.3d 19 (1st Cir. 2014). “Mass. Gen. Laws ch. 188, § 3 (b); In re Swift, 458 B.”

In re Smither, 542 B.R. 39 (Bankr. D. Mass. 2015). · cites it 3× “Burdick argues that Mass. Gen. Laws ch. 188, § 3 (b)(6) renders his claims immune from Mr.”

Gordon v. Pappalardo (In re Gordon), 487 B.R. 600 (1st Cir. BAP 2013). · cites it 2× “Mass. Gen. Laws ch. 188, § 3 (a). 2 Subsection 1 of the statute defines “owner” as a “natural person who is a sole owner, joint tenant, tenant by the entirety, tenant in common, life estate holder or holder of a beneficial interest in a trust.”

In Re Webber, 278 B.R. 294 (Bankr. D. Mass. 2002). “9 G.L. c. 188, § 3. The order that the probate court is authorized to enter under this section does not create or preserve an estate of homestead; it merely specifies which persons, among all the family members, shall enjoy that estate after a divorce or separation.”

Boyle v. Weiss, 962 N.E.2d 169 (Mass. 2012). “The 2010 act authorizes the “owner” of a home to file a homestead declaration, see G. L. c. 188, § 3, as appearing in St. 2010, c.”

In re Ricciardi, 488 B.R. 11 (Bankr. D. Mass. 2013). · cites it 2× “” Mass. Gen. Laws ch. 188, § 3 (a). Section 4 causes a more limited estate of homestead, to the extent of only $125,000, to exist even in the absence of a valid declaration: “In the absence of a valid declaration of homestead recorded under this chapter, an estate of homestead…”

In re Zakarian, 570 B.R. 680 (Bankr. D. Mass. 2017). · cites it 2× “Section 5(a)(3) applies only to garden-variety homestead declarations under M. G. L. c. 188, § 3. It is for this reason, by the way, that Mr.”

In Re Leigh, 307 B.R. 324 (Bankr. D. Mass. 2004). “See M.G.L. c. 188, § 3; In re Heretakis, 293 B.”

Show all 33 citing cases →

— Mass. Gen. Laws ch. 188, § 3(a) — 1 case

In re Zakarian, 570 B.R. 680 (Bankr. D. Mass. 2017). “Section 5(a)(3) applies only to garden-variety homestead declarations under M. G. L. c. 188, § 3. It is for this reason, by the way, that Mr.”

— Mass. Gen. Laws ch. 188, § 3(b) — 2 cases

Tewhey v. Bodkins, 29 Mass. L. Rptr. 490 (Mass. Super. Ct. 2012).

Utica Mut. Ins. v. Cohen, 32 Mass. L. Rptr. 393 (Mass. Super. Ct. 2014).

— Mass. Gen. Laws ch. 188, § 3(b)(1) — 1 case

United States v. Seeley (D. Mass. 2018).

— Mass. Gen. Laws ch. 188, § 3(b)(2) — 1 case

Tewhey v. Bodkins, 29 Mass. L. Rptr. 490 (Mass. Super. Ct. 2012).

— Mass. Gen. Laws ch. 188, § 3(b)(6) — 1 case

Tewhey v. Bodkins, 29 Mass. L. Rptr. 490 (Mass. Super. Ct. 2012).

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