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Practice Of Real EstateState SpecificMEDIUM

Carlos and Diana are married and jointly own their primary residence in Boston, Massachusetts. Carlos recorded a Declaration of Homestead in his name only at the Registry of Deeds three years ago. Diana has not filed any homestead declaration. A creditor now seeks to collect an unsecured judgment against Diana alone. Which statement best describes the homestead protection available to the couple's home?

Correct Answer

C) The home has $500,000 in declared homestead protection because Carlos's declaration covers the marital home

Under MGL Chapter 188, when one spouse records a Declaration of Homestead on the marital home, the declared homestead protection of up to $500,000 covers the property and protects it from unsecured creditor claims against either spouse. Carlos's recorded declaration extends protection to the marital home, shielding it from Diana's creditor as well.

Answer Options
A
The home has no protection against Diana's creditor because only Carlos filed the declaration
B
The home has $125,000 in automatic protection because Diana did not file a declaration
C
The home has $500,000 in declared homestead protection because Carlos's declaration covers the marital home
D
The home has $250,000 in protection because joint owners each receive half of the declared amount

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Related Topics & Key Terms

Key Terms:

homesteaddeclared_homesteadmgl_chapter_188marital_homejoint_ownership

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