summary
Introduced
04/15/2015
04/15/2015
In Committee
05/24/2016
05/24/2016
Crossed Over
Passed
Dead
07/31/2016
07/31/2016
Introduced Session
189th General Court
Bill Summary
For legislation to clarify homestead estates and real estate titles. The Judiciary.
AI Summary
This bill aims to clarify laws related to homestead estates, which are legal protections for a person's primary residence against certain creditors. It expands the definition of "Owner" to include various types of property holders, such as life estate holders and beneficiaries of trusts, and clarifies that homestead protection can be enforced for judgments based on fraud, duress, undue influence, or lack of capacity. The bill also establishes that if an individual with a homestead estate marries, their spouse is automatically included in the homestead protection, and any subsequent homestead declarations for the same home or a spouse will relate back to the original filing date, while still respecting the rights established by the later declaration. Furthermore, it modifies the duration for which proceeds from the sale, taking, or damage of a homestead property remain protected, extending it to the acquisition of a new principal residence or a specific period after the event, whichever comes first. These changes are intended to apply to existing and future homestead estates, with an exception for final court judgments made before the bill's effective date.
Committee Categories
Justice
Sponsors (1)
Last Action
Bill reported favorably by committee and referred to the committee on Senate Rules (on 05/24/2016)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://malegislature.gov/Bills/189/Senate/S754 |
| State Bill Page | https://malegislature.gov/Bills/189/S754 |
| Bill | https://malegislature.gov/Bills/189/S754.pdf |
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