§ 1 Definitions
§ 2 Homestead protection for elderly or disabled persons
§ 3 Acquisition and creation of estate of homestead; exemptions
§ 4 Automatic homestead exemption in absence of a valid recorded declaration of homestead; subordination of automatic exemption to subsequent new loan or line of credit
§ 5 Declaration of homestead; contents; recording
§ 6 Use and enjoyment of homestead estate by spouse and minor children during pendency of case filed in probate court; prohibition against disposing of the estate upon order of probate court
§ 7 Continuation of estate of homestead existing at death or divorce of holder for benefit of surviving or former spouse and minor children; effect of remarriage of surviving or former spouse
§ 8 Prior mortgages, lien or other encumbrance
§ 9 Subordination of estate of homestead to mortgage executed by all owners
§ 10 Termination of estate of homestead
§ 11 Protection of proceeds received on account of sale, taking or damage of home subject to an estate of homestead; period of protection
§ 12 Set off of homestead estate to insolvent debtor; appraisal of property
§ 13 Effect of statement of marital status of grantor contained in deed, release or mortgage; affidavit of grantor, releaser or mortgagor as to existence of spouse
§ 14 Notice of right to declare homestead protection required in all mortgage transactions

Terms Used In Massachusetts General Laws > Chapter 188

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Devise: To gift property by will.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Grantor: The person who establishes a trust and places property into it.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Probate: Proving a will
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Trustee: A person or institution holding and administering property in trust.