On December 16, 2010, Governor Deval Patrick signed a complete overhaul of the Massachusetts homestead statute. It is codified as M.G.L. c.188, as amended by Chapter 395 of the Acts of 2010. The new homestead statute takes effect on March 16, 2011.

The original Massachusetts homestead statute was enacted in 1851, and its language was the source of much uncertainty, which resulted in conflicting interpretations and unpredictable results in courts within the Commonwealth. Since its enactment, the homestead statute was amended numerous times; however, many flaws remained. The new homestead statute resolves many of the uncertainties and ambiguities of the original law. Some highlights include...