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

Mass. Gen. Laws ch. 188, § 4 (2026)

Automatic homestead exemption in absence of a valid recorded declaration of homestead; subordination of automatic exemption to subsequent new loan or line of credit

✓ current as of July 2026
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Section 4. In the absence of a valid declaration of homestead recorded under this chapter, an estate of homestead to the extent of the automatic homestead exemption shall exist in a home for the benefit of the owner and the owner's family members who occupy or intend to occupy the home as a principal residence. The homestead rights of non-titled family members shall consist of the right to use, occupy and enjoy the home as a principal residence. The estate shall be held subject to this chapter, except for sections 2, subsection (a) of section 3 and section 5.

In the event that spouses occupy or intend to occupy separate homes, then both estates of homestead together shall not exceed the automatic homestead exemption. The recording of a declaration of homestead under this chapter shall supersede the automatic homestead exemption provided by this section, but shall not terminate the automatic homestead exemption applicable to the period between the creation of the automatic homestead and the later recording of a declaration of homestead. If a superseding declaration of homestead on the same home is later invalidated or terminated, the estate of homestead provided in this section shall be reinstated as of the date of its original creation.

A homestead under this section may be subordinated to a subsequent new loan or line of credit; provided, however, that the new loan or line of credit: (a) is not secured by a recorded document; (b) does not exceed $20,000; (c) is exempt from the provisions of chapter 140D; (d) is evidenced by a written agreement executed by all record owners and their non-titled spouses for the purpose of subordinating the homestead as provided herein; and (e) contains a statement in substantially the following form, in boldface type and of a minimum size of 12–point font, ''I understand that homestead property is in many cases protected from the claims of creditors and exempt from judicial sale; and that by signing this contract, I voluntarily give up my right to this protection for this property with respect to claims up to the principal amount of the loan or line of credit provided under this contract.'' The subordination allowed in this paragraph shall not apply to credit card agreements or to any loan made in anticipation of a paycheck, tax refund or insurance settlement.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1995–2022 · leading case: In re Williams, 515 B.R. 395 (Bankr. D. Mass. 2014).
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In re Williams, 515 B.R. 395 (Bankr. D. Mass. 2014). · cites it 5× “2 On “Schedule C— Property Claimed as Exempt” (“Schedule C”), the Debtor claimed an exemption pursuant to Mass. Gen. Laws ch. 188, § 4 in the full amount of the Proceeds Share (the “Exemption”).”
Giacchetti v. Everhome Mortg. & Fed. Nat'l Mortg. Ass'n (In re Giacchetti), 584 B.R. 441 (Bankr. D. Mass. 2018). · cites it 2× “Giacchetti listed the Sherborn property as her asset and claimed a homestead exemption in the property of $125,000 under Mass. Gen. Laws ch. 188, § 4 . On April 27, 2017, I granted EverBank relief from the automatic stay to return to the state court to complete disposition of…”
In re James, 560 B.R. 15 (Bankr. D. Mass. 2016). · cites it 17× “§ 522 (b)(3), He claimed the full $37,500 value of his interest in the Florida Condo as exempt under Mass. Gen. Laws ch. 188, § 4 stating: “[T]he [D]ebtor intends to occupy this home (the Florida Condo) as his principal residence.”
In re Ricciardi, 488 B.R. 11 (Bankr. D. Mass. 2013). · cites it 2× “” Mass. Gen. Laws ch.188, § 4. а. Kerry’s Assertion of Beneficial Interest in the Trust The Heinrichs’ principal objection to Kerry’s claim of exemption is that, by virtue of the State Court judgment, she had no beneficial interest in the Trust, and therefore was not an “owner”…”
In Re Taylor, 280 B.R. 294 (Bankr. D. Mass. 2002). “For example, the Supreme Judicial Court declined to find abandonment in a case decided under that subsection of the homestead statute which provides a right of homestead for a widow and children so long as one of the two occupies the same, Mass. Gen. Laws ch. 188, § 4 , because…”
Mateer v. Ostrander (In re Mateer), 525 B.R. 559 (Bankr. D. Mass. 2015). “Mateer under the state homestead statute is the so-called “automatic” homestead under Mass. Gen. Laws ch. 188, § 4 , which may not exceed $125,000.”
In Re Vasques, 337 B.R. 255 (Bankr. D. Mass. 2006). “G.L. c. 188, § 4 (“Section Four”). The Trustee argues that Section Four governs this matter.”
In re Newcomb, 513 B.R. 7 (Bankr. D. Mass. 2014). “Mass. Gen. Laws ch. 188, § 1 (emphasis added).”
In re Dickey, 517 B.R. 5 (Bankr. D. Mass. 2014). “Mass. Gen. Laws ch. 188, § 10 (c). . See In re Miller, 113 B.”
Casey v. Schneider ex rel. Denis R. Behan Trust (In re Behan), 506 B.R. 8 (Bankr. D. Mass. 2014). · cites it 2× “235, § 34 (17) in the sum of $4,000 and pursuant to Mass. Gen. Laws ch. 188, § 4 in the sum of $25,000.”
In re VanBuskirk, 511 B.R. 220 (Bankr. D. Mass. 2014). “00, the full amount of the so-called automatic homestead exemption allowed by Mass. Gen. Laws c.188, § 4. The chapter 7 trustee filed an objection to the amended homestead exemption on the grounds that the VanBuskirks should not be entitled to any homestead exemption in unit 1…”
Dwyer v. Cempellin, 189 B.R. 230 (D. Mass. 1995). “M.G.L. c. 188, § 4, as then appearing, further provided that “the estate of homestead existing at the death of the householder shall continue for the benefit of his widow and minor children.”
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