Buzzards Bay, MA asked in Collections for Massachusetts

Q: Do I need to file a new Homestead Declaration to protect my home? Is Railraod Retirement safe from attachment?

Facing suit over defaulted private student loan my daughter defaulted on that I cosigned. My households only income is my husbands Railroad Retirement, which we live on. My home has a Homestead Declaration filed in 2003, I have since taken one equity loan in 2008 and married in 1997. Deed is still in married name, mine only. One car in husbands name. A retirement 401k in husbands name. Just need to know what is safe and what isn't. Thanks.

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1 Lawyer Answer

A: It appears that everything but the home is your husband's, so that should be ok. I wouldn't think that the homestead declaration would expire, so if the homestead exemption is unlimited, you should be fine.

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