Massachusetts General Laws

Mass. Gen. Laws ch. 188, § 6 (2026)

Use and enjoyment of homestead estate by spouse and minor children during pendency of case filed in probate court; prohibition against disposing of the estate upon order of probate court

✓ current as of July 2026

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Section 6. In a case where a complaint for divorce, separate support, guardianship or conservatorship has been filed in the probate court by or against a person entitled to the benefit of an estate of homestead, the spouse and minor children of that person may use, occupy and enjoy the homestead estate until ordered otherwise by the probate court. The recording of an order of the probate court, together with the description of the homestead estate, shall prevent a beneficiary of the homestead estate from disposing of the estate until such time as the probate court revokes the judgment.

Notes of Decisions

Cited in 5 cases, 1980–2014 · 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 7× “12 Alternatively, she submits that Mass. Gen. Laws ch. 188, § 6 protects the Exemption during the pendency of the divorce proceedings in the Probate Court.”

Riley v. Sullivan (Sullivan), 387 B.R. 353 (1st Cir. BAP 2008). “Mass. Gen. Laws. ch. 188, § 6 (1986); In re Guido, 344 B.”

Atl. Sav. Bank v. Metro. Bank & Trust Co., 400 N.E.2d 1290 (Mass. App. Ct. 1980). “The defendants argue that under G. L. c. 188, § 6, which is set forth in *288 pertinent part in the margin, 6 specific words of release are required in order to subordinate a homestead claim to a mortgage executed after the claim is made.”

In Re Guido, 344 B.R. 193 (Bankr. D. Mass. 2006). “G.L. c. 188, § 6 (emphasis supplied). Here, pursuant to § 551, the rights of the mortgagee have been preserved for the benefit of the estate.”

In Re Heretakis, 293 B.R. 82 (Bankr. D. Mass. 2003). “Mass. Gen. Laws ch. 188, § 6 (emphasis supplied).”

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