Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 32. HOMESTEADS · Part 2. Homestead Exemption -- Execution
Montana Code Annotated

Mont. Code Ann. § 70-32-201 (2026)

Homestead Exempt From Execution Generally

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 32
  4. Part 2
  5. 70-32-201 Homestead exempt from execution generally

TITLE 70. PROPERTY

CHAPTER 32. HOMESTEADS

Part 2. Homestead Exemption -- Execution

Homestead Exempt From Execution Generally

70-32-201. Homestead exempt from execution generally. The homestead is exempt from execution or forced sale, except as in this chapter provided.

History: En. Sec. 1673, Civ. C. 1895; re-en. Sec. 4697, Rev. C. 1907; re-en. Sec. 6948, R.C.M. 1921; Cal. Civ. C. Sec. 1240; re-en. Sec. 6948, R.C.M. 1935; R.C.M. 1947, 33-104.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1986–2023 · leading case: RN & DB, LLC v. Stewart, 2015 MT 327 (Mont. 2015).
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RN & DB, LLC v. Stewart, 2015 MT 327 (Mont. 2015). · cites it 6× “Section 70-32-202, MCA, provides three exceptions to the general exemption: A homestead is subject to execution or forced sale in satisfaction of judgments obtained: (1) on debts secured by construction or vendor’s liens upon the premises; (2) on debts secured by mortgages on…”
McCone Cnty. Fed. Credit Union v. Gribble, 2009 MT 290 (Mont. 2009). · cites it 4× “" See § 25-13-615, MCA (homestead exempt from execution of judgment); § 70-32-201, MCA (homestead exempt from execution generally); Dzikowski v.”
623 Partners, LLC v. Hunter, 385 P.3d 963 (Mont. 2016). · cites it 3× “” Section 70-32-201, MCA. The homestead exemption applies to the UFTA.”
In re Wright, 525 B.R. 464 (Bankr. D. Mont. 2015). “” MCA § 70-32-201. The instances in which a homestead is subject to execution or forced sale in satisfaction of judgments are listed at § 70-32-202.”
Boudette v. Boudette, 2023 MT 126N (Mont. 2023). · cites it 6× “2 ¶4 On remand, Boudette raised the homestead exemption, § 70-32-201, MCA, contending it prevented sale of the Property.”
623 Partners v. Hunter, 2014 MT 282N (Mont. 2014). “Because the District Court has not ruled on this issue, this Court will not address Todd’s argument regarding the applicability of the Homestead Exemption provided for in §§ 70-32-201 et seq, MCA. 5 Because we find that the District Court did not abuse its discretion in…”
Krone v. Mccann, 711 P.2d 1367 (Mont. 1986). · cites it 3× “II Was the plaintiffs’ property on which a homestead was filed subject to execution based upon the judgment for attorney fees? In its consideration of the homestead issue, the District Court properly considered and quoted the following in its opinion and order: “Section…”
Marriage of Stout (Mont. 1996). · cites it 3× “Section 70-32-201, MCA. However, in order to claim the exemption, the owner must file a declaration and acknowledgement of homestead in the same way that a grant of real property must be acknowledged and filed.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.