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

Mass. Gen. Laws ch. 188, § 7 (2026)

Continuation of estate of homestead existing at death or divorce of holder for benefit of surviving or former spouse and minor children; effect of remarriage of surviving or former spouse

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 7. The estate of homestead existing at the death or divorce of a person holding a homestead under section 3 or 4 shall continue for the benefit of the surviving spouse or the former spouse and minor children who occupy or intend to occupy the home as their principal residence. The estate of homestead of the surviving spouse or former spouse and minor children shall continue notwithstanding the remarriage of the surviving or former spouse. The right, title and interest of the deceased in the home, except the estate of homestead thus continued, shall be subject to the laws relating to devise, descent and sale for the payment of debts and legacies.

Notes of Decisions
Cited in 19 cases, 1980–2014 · leading case: Hildebrandt v. Collins (In re Hildebrandt), 320 B.R. 40 (B.A.P. 1st Cir. 2005).
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Hildebrandt v. Collins (In re Hildebrandt), 320 B.R. 40 (B.A.P. 1st Cir. 2005). · cites it 4× “The issue on appeal is whether a homestead survives a conveyance by deed from tenants in common to one of those tenants as a sole owner, absent a reservation of the homestead under Mass. Gen. Laws ch. 188, § 7 . We AFFIRM the bankruptcy court’s decision.”
In re Hyde, 334 B.R. 506 (Bankr. D. Mass. 2005). · cites it 2× “The Debtor insists that this same logic applies to the proceeds from the sale of the Property. Several factors confound determination of this issue.”
In re Jones, 467 B.R. 256 (Bankr. D. Mass. 2011). · cites it 7× “On March 11, 2011, the trustee filed an objection to the debtor’s homestead exemption claim arguing that pursuant to the applicable version of Mass. Gen. Laws ch. 188, § 7 (2010), the homestead upon which the debtor based her Schedule C exemption had been terminated by the…”
In re Heretakis, 293 B.R. 82 (Bankr. D. Mass. 2003). · cites it 4× “In its Opposition, Haffey stated that “[t]he Debtor released her declaration of homestead and never filed a new declaration of homestead; therefore, the Debtor does not have a homestead exemption to declare and the motion should be denied.”
Atl. Sav. Bank v. Metro. Bank & Trust Co., 400 N.E.2d 1290 (Mass. App. Ct. 1980). · cites it 2× “This argument overlooks salient features of the mortgage, as well as the provisions of G. L. c. 188, § 7, as appearing in St. 1971, c.”
In re Gunnison, 397 B.R. 186 (Bankr. D. Mass. 2008). · cites it 2× “The Debtors contend that it is illogical to conclude otherwise because only Jennifer, as the sole owner of the Old Plainville Road Property, can terminate the Old Plainville Road Homestead under Mass. Gen. Laws ch. 188, § 7 . The Debtors further note that this result is…”
In re Webber, 278 B.R. 294 (Bankr. D. Mass. 2002). “Termination of the estate is the subject of G.L. c. 188, § 7, which states: An estate of homestead created under section two may be terminated during the lifetime of the owner by either of the following methods: (1) a deed conveying the property in which an estate of homestead…”
In re Williams, 515 B.R. 395 (Bankr. D. Mass. 2014). “See Mass. Gen. Laws ch. 188, § 10 (2014); Mass.”
In re Andris, 471 B.R. 761 (Bankr. D. Mass. 2012). · cites it 2× “16 Mass. Gen. Laws ch. 188, § 7 provides that: An estate of homestead created under section two may be terminated during the lifetime of the owner by either of the following methods: — (1) a deed conveying the property in which an estate of homestead exists, signed by the owner…”
Gourdin v. Agin (In re Gourdin), 431 B.R. 885 (B.A.P. 1st Cir. 2010). “Mass. Gen. Laws ch. 188, § 7 , provides: An estate of homestead created under section two may be terminated during the lifetime of the owner by either of the following methods:—(1) a deed conveying the property in which an estate of homestead exists, signed by the owner and the…”
Patchell v. Option One Mortg. Corp. (In re Patchell), 336 B.R. 1 (Bankr. D. Mass. 2005). “M.G.L. c. 188 § 7. For all of the above mentioned reasons, this count is hereby STRICKEN.”
Ladd v. Swanson, 511 N.E.2d 1112 (Mass. App. Ct. 1987). “3d 678, 680 (1975), construing identical language in an earlier statute, if a claim of homestead could be asserted against a cotenant, then the homestead estate would be increased “to an exclusive right of possession to the entire premises as long as assent to sale was withheld.”
Show all 19 citing cases →
Mass. Gen. Laws ch. 188, § 7(1): 2 cases
In re Vizard, 327 B.R. 515 (Bankr. D. Mass. 2005).
Utica Mut. Ins. v. Cohen, 32 Mass. L. Rptr. 393 (Mass. Super. Ct. 2014).
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