Victor and his elderly mother, Rose, jointly own a home in Lexington, Massachusetts as tenants in common. Victor occupies the home as his primary residence, but Rose lives in a nursing facility and does not occupy the property. Victor has recorded a Declaration of Homestead in his name at the Registry of Deeds. A creditor obtains a $400,000 unsecured judgment against Rose alone. Under MGL Chapter 188, which statement most accurately describes the homestead protection available against Rose's creditor?
Correct Answer
B) Victor's declared homestead protects only his ownership interest in the property; Rose's undivided interest may be reachable by her creditor
Under MGL Chapter 188, homestead protection is tied to the owner who records the declaration and occupies the property as a primary residence. Victor's declared homestead protects his ownership interest in the home. However, Rose does not occupy the property as her primary residence (she lives in a nursing facility), so she does not qualify for homestead protection on her own interest. A creditor of Rose may be able to reach Rose's undivided tenancy in common interest, subject to the complexity of partition proceedings and Victor's homestead protection on his share.
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Related Topics & Key Terms
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