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.
Montana Code Annotated
Mont. Code Ann. § 70-32-105 (2026)
Mode Of Selection -- Declaration Required
✓ current as of May 2026
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TITLE 70. PROPERTY
CHAPTER 32. HOMESTEADS
Part 1. Establishment of the Homestead
Mode Of Selection -- Declaration Required
History: En. Sec. 1700, Civ. C. 1895; re-en. Sec. 4719, Rev. C. 1907; re-en. Sec. 6970, R.C.M. 1921; Cal. Civ. C. Sec. 1262; re-en. Sec. 6970, R.C.M. 1935; amd. Sec. 4, Ch. 1, L. 1975; R.C.M. 1947, 33-126; amd. Sec. 4, Ch. 370, L. 1981.
Notes of Decisions
Cited in 12
cases, 1989–2020 · leading case: McCone Cnty. Fed. Credit Union v. Gribble, 2009 MT 290 (Mont. 2009).
McCone Cnty. Fed. Credit Union v. Gribble, 2009 MT 290 (Mont. 2009). “In other words, it is the Credit Union's position that to be protected by the homestead exemption in Montana, whether against a claim arising in bankruptcy, under the UFTA, or in pursuit of a judgment, a debtor must have first filed the declaration required by § 70-32-105, MCA…”
Martinson v. Michael (In Re Michael), 183 B.R. 230 (Bankr. D. Mont. 1995). “1 There are no disputed material issues of fact in this case, and the facts are set forth by the BAP in Michael as follows: When the Michaels filed their voluntary Chapter 7 bankruptcy petition, they had not yet recorded a declaration of homestead as required by Mont.Code Ann.…”
Martinson v. Michael (In Re Michael), 185 B.R. 830 (Bankr. D. Mont. 1995). “Mont.Code Ann. § 70-32-105, 106, 107; Michael, 49 F.”
RN & DB, LLC v. Stewart, 2015 MT 327 (Mont. 2015). “On April 27, 2001, Stewart recorded a Declaration of Homestead for the property pursuant to § 70-32-105, MCA. ¶4 Beginning in 2006, Stewart failed to pay real property taxes on the property.”
In Re Moe, 199 B.R. 737 (Bankr. D. Mont. 1995). “The Debtor and Debtor’s spouse recorded a Homestead Declaration pursuant to Mont. Code Ann. § 70-32-105 through 107 on October 12, 1990, and claim the property is exempt in this bankruptcy case.”
In Re Snyder, 2006 MT 308 (Mont. 2006). “See §§ 70-32-105, -106 and -107, MCA. Under the homestead exemption, up to $100,000 in proceeds of the sale of a homestead are protected for 18 months after a judgment execution sale.”
In Re Peterson, 106 B.R. 229 (Bankr. D. Mont. 1989). “Sections 70-32-105, 70-32-106, and 70-32-107, Montana Code Annotated, set forth what a Debtor must do to claim a homestead as exempt.”
Luthje v. Luthje (In Re Luthje), 107 B.R. 292 (Bankr. D. Mont. 1989). “” To be entitled to a homestead exemption, a Debtor must comply with § 70-32-105, M.C.A., which provides: “70-32-105.”
Glastonbury Landowners Ass'n v. O'Connell (D. Mont. 2020). “32 See Mont. Code Ann. § 70-32-105 (2019). 33 See Mont.”
In re Sann, 549 B.R. 394 (Bankr. D. Mont. 2016). “MCA § 70-32-107; § 70-32-105 (“Mode of selection — declaration required”).”
Marriage of Jones v. Poindexter, 833 P.2d 1044 (Mont. 1992). “In May 1987, he executed a declaration of homestead on the property pursuant to § 70-32-105, MCA. In July 1987, he conveyed the property by quitclaim deed to himself (V2), his second wife (V6), and their two daughters (1/6 each), as tenants in common.”
Marriage of Stout (Mont. 1996). “Section 70-32-105, MCA. In this case, there is no indication that Mark has filed a homestead declaration as is required by statute, or that his home is in danger of being subject to execution or forced sale.”
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