The Montana Homestead Exemption

In you file for bankruptcy in Montana, the homestead exemption protects up to $250,000 ($500,000 for married couples) of equity in your home.

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In you file for bankruptcy in Montana, the Montana homestead exemption protects up to $250,000 ($500,000 for married couples) of equity in your home. Here you’ll find specific information about the homestead exemption in Montana.

For information about how the homestead exemption works in both Chapter 7 and Chapter 13 bankruptcy, see The Homestead Exemption in Bankruptcy. For more articles on exemptions, see our Bankruptcy Exemptions area.

The Montana Homestead Exemption Amount

Under the Montana exemption system, homeowners may exempt up to $250,000 of their home or other property covered by the homestead exemption.

Doubling for Married Couples

Montana allows married couples to double the homestead exemption, which means that if a married couple files a joint bankruptcy and owns the property jointly, the total exemption available is $500,000.

The Scope of the Montana Homestead Exemption

In Montana the homestead exemption applies to real property, including your home, condominium or any other dwelling and any appurtenances, plus the land on which the dwelling is located.

The homestead exemption also applies to sale proceeds, condemnation proceeds, and insurance proceeds for up to 18 months after the sale, condemnation, or loss.

Can You Use the Federal Bankruptcy Exemptions in Montana?

Some states allow bankruptcy filers to use the federal bankruptcy exemptions instead of the state exemptions. Montana is not one of those states. If you reside in Montana you must use the state exemptions.

(To learn more about which state exemptions apply to you, see Which Exemptions Can You Use in Bankruptcy?)

Homestead Declarations

In Montana, you must file a homestead declaration (a form filed with the county recorder’s office to put on record your right to a homestead exemption) before you file for bankruptcy in order to claim the homestead exemption. Contact your county recorder for information on how to file a homestead declaration. You can download theDeclaration of Homestead form online from Montana's State website at http://mt.gov.

Finding the Montana Homestead Exemption Statute

Montana’s homestead exemption is found in the Montana state statutes at MCA 70-32-101 to 32-107. To learn how to find state statutes, check out Nolo’s Laws and Legal Research area.

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