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

Mont. Code Ann. § 70-32-202 (2026)

Execution Allowed Under Certain Judgments

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 32
  4. Part 2
  5. 70-32-202 Execution allowed under certain judgments

TITLE 70. PROPERTY

CHAPTER 32. HOMESTEADS

Part 2. Homestead Exemption -- Execution

Execution Allowed Under Certain Judgments

70-32-202. Execution allowed under certain judgments. The homestead is subject to execution or forced sale in satisfaction of judgments obtained:

(1) on debts secured by construction or vendors' liens upon the premises;

(2) on debts secured by mortgages on the premises, executed and acknowledged by the husband and wife or by an unmarried claimant; or

(3) on debts secured by mortgages on the premises, executed and recorded before the declaration of homestead was filed for record.

History: En. Sec. 1674, Civ. C. 1895; re-en. Sec. 4698, Rev. C. 1907; re-en. Sec. 6949, R.C.M. 1921; Cal. Civ. C. Sec. 1241; re-en. Sec. 6949, R.C.M. 1935; R.C.M. 1947, 33-105(part); amd. Sec. 6, Ch. 370, L. 1981.

Notes of Decisions
Cited in 10 cases, 1984–2015 · leading case: Neel v. First Fed. Sav. & Loan Assoc., 675 P.2d 96 (Mont. 1984).
Sort: Relevance Newest Treatment
Neel v. First Fed. Sav. & Loan Assoc., 675 P.2d 96 (Mont. 1984). · cites it 4× “” See, Section 70-32-202(3) and (4), MCA, (pre-amendment) and Section 70-32-202(2) and (3), MCA, (post-amendment), which both specifically exclude any homestead exemption for a claimant when the creditor executes on a debt secured by a collateral on the homestead.”
RN & DB, LLC v. Stewart, 2015 MT 327, 362 P.3d 61. · cites it 5× “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…”
Earls v. Chase Bank of Texas, N.A., 2002 MT 249, 59 P.3d 364. · cites it 4× “Section 70-32-202, MCA, provides: [t]he homestead is subject to execution or forced sale in satisfaction of judgments obtained: (1) on debts secured by construction or vendors’ liens upon the premises; (2) on debts secured by mortgages on the premises, executed and acknowledged…”
Martinson v. Michael (In Re Michael), 185 B.R. 830 (Bankr. D. Mont. 1995). · cites it 4× “The Debtors do not assert a homestead under Mont.Code Ann. § 70-32-202. See infra, n.”
In re Wright, 525 B.R. 464 (Bankr. D. Mont. 2015). · cites it 5× “The instances in which a homestead is subject to execution or forced sale in satisfaction of judgments are listed at § 70-32-202. They include judgments on: (1) debts secured by construction or vendors’ hens upon the premises; (2) debts secured by mortgages on the premises; and…”
Est. of Love v. First Interstate Bank of Montana (In Re Love), 155 B.R. 225 (Bankr. D. Mont. 1993). · cites it 2× “Section 70-32-202(3). These values would indicate the Par Oil note was fully secured at the date of the loan.”
Martinson v. Michael (In Re Michael), 183 B.R. 230 (Bankr. D. Mont. 1995). · cites it 2× “Montana law changed in 1981 with the amendment to Mont.Code Ann. § 70-32-202, which removed prior judgment liens from the list of judgments which could subject a homestead to execution or forced sale in satisfaction thereof.”
In Re Harpole, 260 B.R. 165 (Bankr. D. Mont. 2001). “Unless the construction lien is time barred or is otherwise determined to be unenforceable through subsequent judicial proceedings, Debtors’ homestead will be subject to Pierce’s construction lien and may be subject to execution or forced sale pursuant to MCA § 70-32-202. IT IS…”
Krone v. Mccann, 711 P.2d 1367 (Mont. 1986). · cites it 12× ““Section 70-32-202, MCA. Execution allowed under certain judgments.”
Amundson v. Wortman, 796 P.2d 205 (Mont. 1990). · cites it 2× “Although none of the provisions enumerated in § 70-32-202, MCA, are applicable to the present set of facts, Wortman nonetheless specifically waived any right he had to a homestead exemption.”
Mont. Code Ann. § 70-32-202(1): 1 case
Krone v. Mccann, 711 P.2d 1367 (Mont. 1986). ““Section 70-32-202, MCA. Execution allowed under certain judgments.”
Mont. Code Ann. § 70-32-202(2): 1 case
Neel v. First Fed. Sav. & Loan Assoc., 675 P.2d 96 (Mont. 1984). “” See, Section 70-32-202(3) and (4), MCA, (pre-amendment) and Section 70-32-202(2) and (3), MCA, (post-amendment), which both specifically exclude any homestead exemption for a claimant when the creditor executes on a debt secured by a collateral on the homestead.”
Mont. Code Ann. § 70-32-202(3): 3 cases
Neel v. First Fed. Sav. & Loan Assoc., 675 P.2d 96 (Mont. 1984). “” See, Section 70-32-202(3) and (4), MCA, (pre-amendment) and Section 70-32-202(2) and (3), MCA, (post-amendment), which both specifically exclude any homestead exemption for a claimant when the creditor executes on a debt secured by a collateral on the homestead.”
Est. of Love v. First Interstate Bank of Montana (In Re Love), 155 B.R. 225 (Bankr. D. Mont. 1993). “Section 70-32-202(3). These values would indicate the Par Oil note was fully secured at the date of the loan.”
In re Wright, 525 B.R. 464 (Bankr. D. Mont. 2015). “The instances in which a homestead is subject to execution or forced sale in satisfaction of judgments are listed at § 70-32-202. They include judgments on: (1) debts secured by construction or vendors’ hens upon the premises; (2) debts secured by mortgages on the premises; and…”
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