Massachusetts General Laws
Chapter 188 - Homesteads
Section 12 - Set Off of Homestead Estate to Insolvent Debtor; Appraisal of Property

Section 12. If the property of a debtor is assigned under the laws relative to insolvent debtors and debtor claims and it appears to the court wherein the insolvency proceedings are pending that the debtor is entitled to hold a part thereof as a homestead and that the property in which estate of homestead exists is of greater value than either the automatic homestead exemption or the declared homestead exemption, as applicable, the court shall cause the property to be appraised by 3 disinterested appraisers, 1 of whom shall be appointed by the insolvent debtor, 1 of whom shall be appointed by the assignee and 1 of whom shall be appointed by the court; provided, however, that if either the assignee or insolvent debtor fails to make such appointment, the court shall appoint an appraiser for the assignee or the insolvent debtor. The appraisers shall be sworn faithfully and impartially to appraise the property and shall appraise and set off an estate of homestead therein to the insolvent debtor in the manner prescribed in section 18 of chapter 236 for a judgment debtor and the residue shall vest in and be disposed of by the assignee in the same manner as property which is not exempt by law from levy on execution. The appraisers shall be entitled to the same fees, to be paid out of the estate in insolvency, as are allowed to appraisers of land seized upon execution.

Structure Massachusetts General Laws

Massachusetts General Laws

Part II - Real and Personal Property and Domestic Relations

Title I - Title to Real Property

Chapter 188 - Homesteads

Section 1 - Definitions

Section 2 - Homestead Protection for Elderly or Disabled Persons

Section 3 - Acquisition and Creation of Estate of Homestead; Exemptions

Section 4 - Automatic Homestead Exemption in Absence of a Valid Recorded Declaration of Homestead; Subordination of Automatic Exemption to Subsequent New Loan or Line of Credit

Section 5 - Declaration of Homestead; Contents; Recording

Section 6 - Use and Enjoyment of Homestead Estate by Spouse and Minor Children During Pendency of Case Filed in Probate Court; Prohibition Against Disposing of the Estate Upon Order of Probate Court

Section 7 - Continuation of Estate of Homestead Existing at Death or Divorce of Holder for Benefit of Surviving or Former Spouse and Minor Children; Effect of Remarriage of Surviving or Former Spouse

Section 8 - Prior Mortgages, Lien or Other Encumbrance

Section 9 - Subordination of Estate of Homestead to Mortgage Executed by All Owners

Section 10 - Termination of Estate of Homestead

Section 11 - Protection of Proceeds Received on Account of Sale, Taking or Damage of Home Subject to an Estate of Homestead; Period of Protection

Section 12 - Set Off of Homestead Estate to Insolvent Debtor; Appraisal of Property

Section 13 - Effect of Statement of Marital Status of Grantor Contained in Deed, Release or Mortgage; Affidavit of Grantor, Releaser or Mortgagor as to Existence of Spouse

Section 14 - Notice of Right to Declare Homestead Protection Required in All Mortgage Transactions