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Practice Of Real EstateState SpecificMEDIUM

David owns a three-family home in Worcester, Massachusetts. He lives in one unit as his primary residence and rents out the other two units. He has recorded a Declaration of Homestead at the Registry of Deeds. A creditor obtains an unsecured judgment against David. Which statement best describes the homestead protection that applies?

Correct Answer

B) Homestead protection applies to the entire three-family property up to $500,000

Under MGL Chapter 188, a recorded Declaration of Homestead on a property where the owner occupies a unit as a primary residence protects up to $500,000 of equity in the entire property — including the multi-family structure — not just the owner's individual unit. Massachusetts case law and statute treat the homestead as attaching to the whole declared property.

Answer Options
A
No homestead protection applies because the property is a multi-family building used partly for rental income
B
Homestead protection applies to the entire three-family property up to $500,000
C
Homestead protection applies only to David's owner-occupied unit, up to $500,000
D
Homestead protection applies up to $125,000 only, because multi-family homes are limited to automatic protection

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Related Topics & Key Terms

Key Terms:

homesteadmulti_familymgl_chapter_188primary_residencerental_units

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