How to file a homestead protection

Introduction

Homestead protection

Instructions

Difficulty: Easy

Things You'll Need

• deed to home, number

Steps

1

Step One

An Estate of Homestead is a type of protection for a person’s residence, in the form of a document called a “Declaration of Estate of Homestead”. The form is filed at the Registry of Deeds in the county where the property is located, referencing the title/deed to the property.

2

Step Two

The owner or owners of a home or those who rightfully possess the premises by lease or otherwise and also occupy or intend to occupy the home as a principal residence may file for the Homestead protection. A sole owner, joint tenant, tenant by the entirety or tenant in common may all be regarded as owners, provided that only one owner may acquire an estate of homestead in any such home. If you are married and you and your spouse own the property as tenants by the entirety, when one married person files a homestead, their spouse and family members receive homestead protection on the premises as well.

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Step Three

All Homesteads must be filed in the county in which the residence is located. To acquire a claim of Homestead for a mobile home, you must file at the city or town clerk’s office in the city or town in which the mobile home is located. Be sure the form is filled out completely and has been properly notarized, and remember to enclose a check for the proper recording fee with the Homestead form.


Homestead forms may be obtained at most Registries of Deeds; check your local office's website. They are also available at legal stationery stores or your local attorney’s office. Forms for mobile homes are available at your city/town clerk’s office.