When to Record a New Homestead

More thoughts on the confusing and unsettled law surrounding the Massachusetts Declaration of Homestead. A married couple with both spouses under the age of 62 (and not disabled) may only file a single homestead. Since the purpose of the law is the protect the family home, the filing exempts $300,000 (soon to be $500,000) of the equity of the home from creditors of either. But what happens if both spouses are jointly liable? Does the $300,000 exemption get apportioned between them? That's probably what happens. Now assume one of the spouses attains the age of 62, should that spouse now file a new homestead under the "Elderly and Disabled" section of the law? Like most lawyerly answers, it depends. It depends on which spouse filed the original homestead. If it's the one who has now turned 62, then no new homestead should be filed by that spouse because that would just void the earlier one. But what if the younger spouse had filed the original homestead. Once the older spouse reaches 62, he can file a second homestead. The original homestead would stay in effect for the debts of the younger spouse giving that spouse the full monetary protection of the homestead, and the older spouse would receive full protection from the new homestead. Sound confusing? That's because it is. Rather than go through these intellectual gyrations each time a homestead question arises, we should just amend the statutes and clarify all of these ambiguities. If anyone has any suggestions for language for such an amendment, please send them along.