Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 32. HOMESTEADS · Part 1. Establishment of the Homestead
Montana Code Annotated

Mont. Code Ann. § 70-32-101 (2026)

Of What Homestead Consists

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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 32
  4. Part 1
  5. 70-32-101 Of what homestead consists

TITLE 70. PROPERTY

CHAPTER 32. HOMESTEADS

Part 1. Establishment of the Homestead

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. 1921; Cal. Civ. C. Sec. 1237; re-en. Sec. 6945, R.C.M. 1935; R.C.M. 1947, 33-101; amd. Sec. 1, Ch. 370, L. 1981.

Notes of Decisions
Cited in 16 cases, 1987–2016 · leading case: In re the Est. of Martelle, 2001 MT 194, 32 P.3d 758.
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In re the Est. of Martelle, 2001 MT 194, 32 P.3d 758. · cites it 9× “Appellants contend that § 70-32-101, MCA, which defines “homestead” in the exempt property context and provides the only statutory definition of “homestead,” should be applied to the homestead allowance statute in the Uniform Probate Code.”
Earls v. Chase Bank of Texas, N.A., 2002 MT 249, 59 P.3d 364. · cites it 3× “*153 Property that qualifies as a homestead includes “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 Section 70-32-101, MCA. Earls’ home served as her residence in Lewis and Clark County…”
RN & DB, LLC v. Stewart, 2015 MT 327, 362 P.3d 61. · cites it 2× “Stewart also claims that when RN & DB sought “execution upon the tax deed through execution of a quiet title,” it constituted the type of execution implicated under § 70-32-101, MCA. Stewart reasons that § 15-16-401, MCA, entitled Tax Due as Judgment or Lien, supports her…”
McCone Cnty. Fed. Credit Union v. Gribble, 2009 MT 290, 216 P.3d 206. · cites it 2× “Wratislaw submitted that the Gribble place, because it was Gribble's residence, was exempt under nonbankruptcy law, specifically §§ 70-32-101 through 303, MCA, i.e., the homestead statutes.”
In re Alderman, 150 B.R. 246 (Bankr. D. Mont. 1993). · cites it 2× “SBA is scheduled as having a secured claim in the sum of $114,000, and an unsecured claim in the sum of $74,000.”
In re Peterson, 106 B.R. 229 (Bankr. D. Mont. 1989). · cites it 2× “Yet, under Montana law, *232 section 70-32-101 provides that a homestead is exempt from execution or forced sale.”
In re Wright, 525 B.R. 464 (Bankr. D. Mont. 2015). · cites it 2× “MCA § 70-32-101 provides that a “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.”
In re Snyder, 2006 MT 308, 149 P.3d 26. “” Sections 70-32-101 and -201, MCA. The maximum amount allowed as a homestead exemption has been raised several times over the years; since 2001, the maximum is $100,000.”
In re Gray, 378 B.R. 728 (Bankr. D. Mass. 2007). “5451 (West 2007), Mont. Code Ann. § 70-32-101 (2007), Nev.Rev.”
Berry v. Seman, 801 P.2d 589 (Mont. 1990). · cites it 2× “The mobile home, which qualified for a homestead exemption under § 70-32-101, MCA, was allegedly valued at an unencumbered worth of $3,400.”
In re Fix, 542 B.R. 502 (Bankr. D. Mont. 2015). · cites it 2× “MCA § 70-32-101 provides that a “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.”
623 Partners, LLC v. Hunter, 2016 MT 336, 385 P.3d 963. “Significantly, § 70-32-103, MCA, entitled, “From whose property homestead maybe selected,” provides that a married couple may select a homestead “from the property of either spouse,” and an unmarried person may select a homestead “from any of the claimant’s property.” (Emphasis…”
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