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

Mont. Code Ann. § 70-32-106 (2026)

Contents Of Declaration

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 32
  4. Part 1
  5. 70-32-106 Contents of declaration

TITLE 70. PROPERTY

CHAPTER 32. HOMESTEADS

Part 1. Establishment of the Homestead

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. C. Sec. 1263; re-en. Sec. 6971, R.C.M. 1935; amd. Sec. 5, Ch. 1, L. 1975; R.C.M. 1947, 33-127; amd. Sec. 5, Ch. 370, L. 1981; amd. Sec. 95, Ch. 2, L. 2009.

Notes of Decisions
Cited in 6 cases, 1989–2020 · leading case: McCone Cnty. Fed. Credit Union v. Gribble, 2009 MT 290 (Mont. 2009).
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McCone Cnty. Fed. Credit Union v. Gribble, 2009 MT 290 (Mont. 2009). · cites it 4× “We noted that while § 70-32-216(1), MCA, was inconsistent with § 70-32-106, MCA, which mandates that a homestead declaration must contain a statement that the person making the declaration is residing on the premises at the time the declaration is made, we must nonetheless…”
In Re Snyder, 2006 MT 308 (Mont. 2006). · cites it 6× “Section 70-32-106, MCA, requires that “[t]he declaration of homestead must contain a statement that the person making it is residing on the premises[.”
Martinson v. Michael (In Re Michael), 185 B.R. 830 (Bankr. D. Mont. 1995). “If there is not compliance with the recordation statutes, §§ 70-32-106 and 107, there is no valid homestead exemption.”
Luthje v. Luthje (In Re Luthje), 107 B.R. 292 (Bankr. D. Mont. 1989). · cites it 2× “Section 70-32-106, M.C.A., requires the declaration to “contain a statement that the person making it is residing on the premises”.”
Glastonbury Landowners Ass'n v. O'Connell (D. Mont. 2020). · cites it 2× “32 See Mont. Code Ann. § 70-32-105 (2019). 33 See Mont.”
In re Fratzke, 534 B.R. 391 (Bankr. D. Mont. 2015). “Schedule C states a homestead exemption in the Residence located at 171 Harlow Rd. in an amount proportional to her undivided interest in the Residence, as required by MCA § 70-32-104(2).”
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