How the Massachusetts Homestead Protection Law defines a “home” is an important consideration. A basic dictionary definition of “home” (“a place where one lives”) is a good start. Of course, the Commonwealth’s Legislators had a lot more in mind when they wrote the Massachusetts Homestead Protection Law. For example, the law’s definition covers manufactured homes, money from the sale of a home, and insurance policy proceeds. As can be expected, it does not cover a tenant’s leasehold interest.
Let’s look at the definitions section of the Massachusetts Homestead Protection Law, which is M.G.L. ch. 188 §1:
“Home”, the aggregate of: (1) any of the following:
(i) a single-family dwelling, including accessory structures appurtenant thereto and the land on which it is located;
(ii) a 2 to 4-family dwelling, including accessory structures appurtenant thereto and the land on which it is located;
(iii) a manufactured home as defined in section 32Q of chapter 140;
(iv) a unit in a condominium, as those terms are defined in section 1 of chapter 183A, that is used for residential purposes; or
(v) a residential cooperative housing unit established pursuant to chapters 156B, 157B, 180 or otherwise;
(2) the sale proceeds as provided in clause (1) of subsection (a) of section 11; and
(3) the proceeds of any policy of insurance insuring the home against fire or other casualty loss as provided in clause (2) of said subsection (a) of said section 11.