Massachusetts Homeowners Can Now Shield Up to $1 Million in Home Equity for a $35 Fee

September 13, 2026 - 01:49

Homeowners in Massachusetts have a straightforward way to protect a significant portion of their property's value from certain creditors. By filing a homestead declaration, a resident can raise the protected equity in a primary residence to as much as $1 million. The cost to do so is just $35.

The homestead protection applies to a person's principal home and offers a legal shield against most unsecured creditors. This includes situations involving lawsuits, bankruptcy, and other collection efforts. The protection does not cover mortgage debt, property taxes, or certain other obligations tied directly to the home.

The higher limit is especially relevant given the sharp rise in real estate fraud. A 2022 FBI report said real estate fraud had quadrupled over the prior four years. As property values climbed across the state, homeowners found themselves with more equity at risk. The increased homestead cap gives them a stronger defense.

Filing is handled through the registry of deeds in the county where the property sits. Once recorded, the declaration generally remains in effect as long as the homeowner occupies the residence. A new filing may be needed after a refinance or if ownership changes.

For many households, the modest fee is a small price for meaningful peace of mind.