Maine Declaration of Homestead

Maine Declaration of Homestead

RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO:

(Space above this line reserved for Registry of Deeds use)

DECLARATION OF HOMESTEAD

STATE OF MAINE
COUNTY OF [____________________________]

The undersigned declarant(s) hereby make this Declaration of Homestead under 14 M.R.S. § 4422(1) and certify the following under oath:

1. Declarant Information

2. Description of the Homestead Property

The property claimed as homestead is the declarant's principal residence, located in the State of Maine, and is described as follows:

Legal description (metes and bounds, lot/block, or by reference to recorded deed):

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3. Use as Principal Residence

Declarant(s) certify that the property described in Section 2:

☐ Is currently occupied by the declarant(s) as the declarant's principal residence;

☐ OR is occupied by a dependent of the declarant as the dependent's principal residence (per 14 M.R.S. § 4422(1));

☐ Includes a burial plot for the declarant or the declarant's family, intended to be claimed under § 4422(1) together with the residence.

Date declarant(s) commenced occupancy as principal residence: [__/__/____]

4. Ownership Interest

Declarant(s) hold the following ownership interest in the property:

☐ Sole ownership (100%)

☐ Tenants by the entirety (married couple — 100% as a unit)

☐ Joint tenants with right of survivorship — declarant's fractional share: [_______]

☐ Tenants in common — declarant's fractional share: [_______]

☐ Life estate — declarant is the life tenant

☐ Beneficial interest in a revocable living trust naming declarant as trustor/beneficiary; trust name: [____________________________]

☐ Other: [____________________________________________]

5. Exemption Tier Claimed Under 14 M.R.S. § 4422(1)

Declarant(s) claim the following tier of the residence exemption (check ALL that apply; the highest applicable tier governs):

☐ Standard tier — $80,000 (14 M.R.S. § 4422(1) opening clause). Applies by default.

☐ Enhanced tier — $160,000 — minor dependent (14 M.R.S. § 4422(1)(A)). The property is also the principal residence of a minor dependent of the declarant.

Name(s) of minor dependent(s): [____________________________________________]

Relationship to declarant: [____________________________________________]

Date(s) of birth: [____________________________________________]

☐ Enhanced tier — $160,000 — age 60 or older (14 M.R.S. § 4422(1)(B)). The declarant (or declarant's dependent) is 60 years of age or older.

☐ Enhanced tier — $160,000 — disability (14 M.R.S. § 4422(1)(B)). The declarant (or declarant's dependent) is physically or mentally disabled and unable to engage in substantial gainful employment.

Nature of disability (general description; medical detail not required for recordation): [____________________________________________]

☐ Joint co-ownership cap (where the property is owned with one or more co-owners other than a spouse claiming entireties): the declarant's exemption is limited to the lesser of (a) $80,000 or (b) the declarant's fractional share × $160,000. Declarant's calculated cap: [$________________].

6. Statutory Acknowledgment of Maine's Bankruptcy Opt-Out

Declarant(s) acknowledge that under 14 M.R.S. § 4426, Maine has opted out of the federal exemptions provided in 11 U.S.C. § 522(d). In any bankruptcy filed by a Maine-domiciled debtor, the homestead exemption claimed will be the Maine residence exemption set forth in 14 M.R.S. § 4422(1) and reflected in this Declaration, subject to (a) any 11 U.S.C. § 522(p) cap that may apply if the property was acquired within 1,215 days before the bankruptcy petition, and (b) the 11 U.S.C. § 522(b)(3)(A) domicile rules.

7. No Disqualifying Conveyance

Declarant(s) further certify that:

☐ The property has not been fraudulently conveyed by the declarant in violation of the Maine Uniform Voidable Transactions Act (14 M.R.S. ch. 304-A) or otherwise.

☐ Declarant has not previously executed and recorded a Declaration of Homestead on a different property that has not been released, abandoned, or superseded in writing.

☐ If a prior Declaration of Homestead exists, it is hereby released and superseded by this Declaration; recording reference of prior Declaration: Book [_______], Page [_______], County: [____________________].

8. Effective Date and Duration

This Declaration is effective upon recording in the Registry of Deeds for [_______________________] County, Maine, and continues in effect until: (a) the property is sold, transferred, or abandoned as a principal residence; (b) declarant records a written release; or (c) the homestead is otherwise terminated by operation of law.

9. Declaration Under Penalty of Perjury

I (we) declare under penalty of perjury under the laws of the State of Maine that the foregoing is true and correct.

Executed on [__/__/____] at [__________________________], Maine.

NOTARIAL ACKNOWLEDGMENT

STATE OF MAINE
COUNTY OF [____________________________], ss.

On this [_______] day of [____________________], 20[_____], before me, the undersigned notary public (or attorney-at-law of the State of Maine), personally appeared the above-named declarant(s), [____________________________________________] [and ____________________________________________], who [is/are] personally known to me OR who produced [____________________________________________] as identification, and who acknowledged the foregoing Declaration of Homestead to be [his/her/their] free act and deed.

EXHIBIT A — LEGAL DESCRIPTION

[Insert verbatim legal description from source deed, OR attach a copy of the source deed marked "Exhibit A"]

[__________________________________________________________________________
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RECORDING INSTRUCTIONS (Not Part of the Recorded Instrument)

1. Where to record: Registry of Deeds for the county where the homestead property is located. Maine has 18 county registries; locate yours via https://www.maine.gov/sos/cec/.
2. Recording fee: Most Maine registries charge $22 for the first page and $2 per additional page (verify current fee schedule before submitting).
3. Format requirements:
   - 8.5"×11" or 8.5"×14" white paper, black ink, single-sided.
   - 3" top margin on the first page; 1" margins thereafter.
   - Legible printed or typewritten text.
   - Original signatures; original notary seal.
4. After recording: Retain a stamped/recorded copy in the homestead owner's permanent records and provide a copy to the homeowner's attorney and any title insurer of record.
5. Releasing the homestead: When the property is sold or the homestead is abandoned, record a Release of Homestead identifying this Declaration by Book and Page.

Sources and References

• 14 M.R.S. § 4422 — Exempt property: https://legislature.maine.gov/statutes/14/title14sec4422.html
• 14 M.R.S. § 4426 — Exemptions in bankruptcy proceedings: https://legislature.maine.gov/statutes/14/title14sec4426.html
• 33 M.R.S. § 201 — Priority of recording: https://legislature.maine.gov/statutes/33/title33sec201.html
• 33 M.R.S. ch. 11 — Register of Deeds: https://legislature.maine.gov/statutes/33/title33ch11sec0.html
• 11 U.S.C. § 522 — Exemptions: https://www.law.cornell.edu/uscode/text/11/522
• Maine Secretary of State — County Registries: https://www.maine.gov/sos/cec/