Mass. Gen. Laws ch. 188 § 11

Current through Chapter 67 of the 2024 Legislative Session
Section 188:11 - Sale of or damage by fire or other casualty to home subject to estate of homestead
(a) If a home that is subject to an estate of homestead is sold, whether voluntarily or involuntarily, taken or damaged by fire or other casualty, then the proceeds of any such sale, taking or damage shall be entitled to the protection of this chapter during the following periods:
(1) in the event of a sale, whether voluntary or involuntary, or a taking, for a period ending on the date on which the person benefited by the homestead either acquires another home the person intends to occupy as a principal residence or 1 year after the date on which the sale or taking occurred, whichever first occurs; and
(2) in the event of a fire or other casualty, for a period ending on: (i) the date upon which the reconstruction or repair to the home is completed or the date on which the person benefited by the homestead acquires another home the person intends to occupy as a principal residence; or (ii) 2 years after the date of the fire or other casualty, whichever first occurs.
(b) For the purposes of this section, occupancy of a trailer, manufactured home or other temporary housing shall not establish principal residency in a reconstructed or replacement home.

Mass. Gen. Laws ch. 188, § 11

Amended by Acts 2022, c. 175,§ 30E, eff. 11/8/2022, app. to estates of homestead arising or created before, on or after the effective date, except with respect to subject matter of any final judgment to the contrary by court of competent jurisdiction in an action commenced prior to said effective date.
Added by Acts 2010, c. 395,§ 1, eff. 3/16/2011.