Massachusetts General Laws
Chapter 188 - Homesteads
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 7. The estate of homestead existing at the death or divorce of a person holding a homestead under section 3 or 4 shall continue for the benefit of the surviving spouse or the former spouse and minor children who occupy or intend to occupy the home as their principal residence. The estate of homestead of the surviving spouse or former spouse and minor children shall continue notwithstanding the remarriage of the surviving or former spouse. The right, title and interest of the deceased in the home, except the estate of homestead thus continued, shall be subject to the laws relating to devise, descent and sale for the payment of debts and legacies.

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