Every owner of real estate occupied or intended to be occupied as a principal residence is entitled to an automatic homestead for the benefit of the owner and his or her family without recording or filing a declaration of homestead.

Under the old statute there were two types of homesteads which were available. Under the revised version, there are three separate homesteads which are available:

Section 2 Homestead, “Elderly or Disabled Persons”.This form of homestead is intended to provide exemptions to persons age 62 and older and to disabled persons in an amount of $500,000.This homestead is created only by recording or filing a written declaration of homestead in the appropriate land records.

Section 3 Homestead, “Declared Homestead Exemption”.This form of homestead is similar to what was available under the prior act and is created by the recording or filing of a declaration of homestead in the appropriate land records.The amount of exemption afforded under this homestead is $500,000.

Section 4 Homestead, “Automatic Homestead Exemption”.This entirely new homestead is an automatic homestead for the benefit of the owner and the owner’s family who occupy or intend to occupy the home as a principal residence. It requires no filing or recording of a declaration of homestead.The exemption is in the amount of $125,000.