Montana Code Annotated

Mont. Code Ann. § 70-32-216 (2026)

Tracing Homestead Proceeds

✓ current as of May 2026

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TITLE 70. PROPERTY

CHAPTER 32. HOMESTEADS

Part 2. Homestead Exemption -- Execution

Tracing Homestead Proceeds

70-32-216. Tracing homestead proceeds. (1) If property or a part of property that could have been claimed as an exempt homestead has been sold or taken by condemnation, as provided in Title 60, chapter 4, or Title 70, chapter 30, or has been lost, damaged, or destroyed and the owner has been indemnified for the property, the owner is entitled for 18 months to exemption of the proceeds that are traceable.

(2) Proceeds are traceable under this section by application of the principles of first-in first-out, last-in first-out, or any other reasonable basis for tracing selected by the judgment debtor.

History: En. Sec. 6, Ch. 302, L. 1987; amd. Sec. 87, Ch. 125, L. 2001.

Notes of Decisions

Cited in 4 cases, 2006–2016 · 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 12× “For this reason, we answered the bankruptcy court's certified question affirmatively, stating "yes, if the homestead is otherwise eligible for exemption pursuant to § 70-32-216, MCA." The holding in Snyder clearly undercuts the Credit Union's contention that a prior formal…”

In Re Snyder, 2006 MT 308 (Mont. 2006). · cites it 17× “For the reasons set forth below, we answer the question “yes, if the homestead is otherwise eligible for exemption pursuant to § 70-32-216, MCA.” BACKGROUND ¶2 Mary A. Snyder filed a Chapter 7 bankruptcy petition on October 12, 2005.”

623 Partners, LLC v. Hunter, 385 P.3d 963 (Mont. 2016). · cites it 4× “” Snyder , ¶ 10 (quoting § 70-32-216, MCA) (emphasis in original).”

In re Fix, 542 B.R. 502 (Bankr. D. Mont. 2015). · cites it 5× “Beverly’s uncontroverted testimony is that if the, Fontaines default under the buy sell agreement the Fixes will return to 21335 Old Highway 93 and resume residence in their homestead.”

— Mont. Code Ann. § 70-32-216(1) — 3 cases

McCone Cnty. Fed. Credit Union v. Gribble, 2009 MT 290 (Mont. 2009). “For this reason, we answered the bankruptcy court's certified question affirmatively, stating "yes, if the homestead is otherwise eligible for exemption pursuant to § 70-32-216, MCA." The holding in Snyder clearly undercuts the Credit Union's contention that a prior formal…”

623 Partners, LLC v. Hunter, 385 P.3d 963 (Mont. 2016). “” Snyder , ¶ 10 (quoting § 70-32-216, MCA) (emphasis in original).”

In re Fix, 542 B.R. 502 (Bankr. D. Mont. 2015). “Beverly’s uncontroverted testimony is that if the, Fontaines default under the buy sell agreement the Fixes will return to 21335 Old Highway 93 and resume residence in their homestead.”

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