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Home » US Law » 2022 Montana Code Annotated » Title 70. Property » Chapter 32. Homesteads » Part 1. Establishment of the Homestead

70-32-101. Of what homestead consists

70-32-101. Of what homestead consists. The homestead consists of the dwelling house or mobile home, and all appurtenances, in which the claimant resides and the land, if any, on which the same is situated, selected as provided in this chapter. History: En. Sec. 1670, Civ. C. 1895; re-en. Sec. 4694, Rev. C. 1907; re-en. Sec. 6945, R.C.M. […]

70-32-102. Repealed

70-32-102. Repealed. Sec. 9, Ch. 370, L. 1981. History: En. Sec. 1694, Civ. C. 1895; re-en. Sec. 4718, Rev. C. 1907; re-en. Sec. 6969, R.C.M. 1921; Cal. Civ. C. Sec. 1261; amd. Sec. 1, Ch. 86, L. 1925; re-en. Sec. 6969, R.C.M. 1935; amd. Sec. 3, Ch. 1, L. 1975; R.C.M. 1947, 33-125.

70-32-103. From whose property homestead may be selected — revocable trust disregarded

70-32-103. From whose property homestead may be selected — revocable trust disregarded. (1) If the claimant is married, the homestead may be selected from the property of either spouse. When the claimant is not married, the homestead may be selected from any of the claimant’s property. (2) A homestead may be selected from property contributed by the […]

70-32-104. Limitation on value

70-32-104. Limitation on value. (1) A homestead may not exceed the value provided in subsection (3). In a proceeding instituted to determine the value of the homestead, the assessed value of the land with included appurtenances, if any, and of the dwelling house as it appears on the last-completed assessment roll preceding the institution of the […]

70-32-105. Mode of selection — declaration required

70-32-105. Mode of selection — declaration required. The person selecting a homestead must execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of homestead and file the same for record. History: En. Sec. 1700, Civ. C. 1895; re-en. Sec. 4719, Rev. C. 1907; re-en. Sec. 6970, R.C.M. 1921; Cal. […]

70-32-106. Contents of declaration

70-32-106. Contents of declaration. Subject to 70-32-216, the declaration of homestead must contain a statement that the person making it is residing on the premises and claims them as a homestead and a description of the premises. History: En. Sec. 1701, Civ. C. 1895; re-en. Sec. 4720, Rev. C. 1907; re-en. Sec. 6971, R.C.M. 1921; Cal. Civ. […]

70-32-107. Declaration to be recorded

70-32-107. Declaration to be recorded. The declaration must be recorded in the office of the county clerk of the county in which the land is situated. History: En. Sec. 1702, Civ. C. 1895; re-en. Sec. 4721, Rev. C. 1907; re-en. Sec. 6972, R.C.M. 1921; Cal. Civ. C. Sec. 1264; re-en. Sec. 6972, R.C.M. 1935; R.C.M. 1947, 33-128.