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HOUSE DOCKET, NO. 3450 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3590
The Commonwealth of Massachusetts
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PRESENTED BY:
Kip A. Diggs
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to increase the protection of homestead.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kip A. Diggs2nd Barnstable1/17/2023 1 of 2
HOUSE DOCKET, NO. 3450 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3590
By Representative Diggs of Barnstable, a petition (accompanied by bill, House, No. 3590) of Kip
A. Diggs relative to homestead protection. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to increase the protection of homestead.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 1 of chapter 188 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by striking out, in lines 5 and 10, the figure “$125,000” and
3inserting in place thereof, in each instance, the following figure:- $250,000.
4 SECTION 2. Said section 1 of said chapter 188, as amended by section 30A of chapter
5175 of the acts of 2022, is hereby further amended by striking out the definition “Declared
6homestead exemption” and inserting in place thereof the following definition:-
7 “Declared homestead exemption”, an exemption in the amount of $1,000,000 created by
8a written declaration, executed and recorded pursuant to section 5; provided, however, that: (1)
9with respect to a home owned by joint tenants or tenants by the entirety who are benefited by an
10estate of homestead declared pursuant to section 3, the declared homestead exemption shall
11remain whole and unallocated provided, that the owners together shall not be entitled to a
12declared homestead exemption in excess of $1,000,000; (2) if a home is owned by tenants in 2 of 2
13common or trust beneficiaries, the declared homestead exemption for each co-tenant and trust
14beneficiary who benefits by an estate of homestead declared pursuant to said section 3 shall be
15the product of: (i) $1,000,000 divided by, (ii) the number of co-tenants or trust beneficiaries who
16reside in the home as a principal residence; (3) except as provided in clause (4), each person who
17owns a home and who is benefited by an estate of homestead declared pursuant to section 2 shall
18be entitled to the declared homestead exemption without reduction, proration or allocation
19among other owners of the home; and (4) separate estates of homestead may be declared
20pursuant to sections 2 and 3 on the same home and in such event: (i) if the home is owned by
21tenants in common or trust beneficiaries, the declared homestead exemption for each co-tenant
22and trust beneficiary who benefits by an estate of homestead declared pursuant to section 3 shall
23be calculated in the manner provided in clause (2) and the declared homestead exemption for
24each co-tenant and trust beneficiary who benefits by an estate of homestead declared pursuant to
25section 2 shall be calculated in the manner provided in clause (3); or (ii) if the home is owned by
26joint tenants or tenants by the entirety, the declared homestead exemption for the owners
27together shall be the sum of $1,000,000 multiplied by the number of declarations recorded
28pursuant to section 2, plus $250,000; provided, however, that the homestead exemption under
29this subclause shall remain whole and unallocated among the owners; and provided further, that
30no owner who declares a homestead, acting individually, shall be entitled to claim an exemption
31of more than $1,000,000; and (5) the calculation of the amount of homestead exemption
32available to an owner shall not sever a joint tenancy or tenancy by the entirety.