Dwyer v. Cempellin
Massachusetts Supreme Judicial Court
1Opinion of the CourtAbrams, J.
The United States District Court for the District of Massachusetts has certified two questions to this court. See S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981). The questions concern the proper construction of the homestead statute, G. L. c. 188, § 1 (1994 ed.).
We summarize the agreed facts. In October, 1981, husband and wife, Joseph J. Cempellin and Adele Cempellin (debtors), and John Cempellin acquired a residence as joint tenants, each holding an undivided one-third interest in the property. On November 13, 1981, the debtors recorded a declaration of homestead which they both had…
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