Montana Homestead Declaration

State:
Montana
Control #:
MT-SKU-0541
Format:
Word
Instant download
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Description

Homestead Declaration

The Montana Homestead Declaration is a form used by individuals who own real estate in the state of Montana to declare their intention to seek legal homestead protections. It must be signed by the individual seeking homestead protection, witnessed by two witnesses, and notarized. The Montana Homestead Declaration is the first step in the process of filing for homestead protection. The two types of Montana Homestead Declaration are the General Homestead and the Married Couples Joint Homestead. The General Homestead Declaration is for individuals who are claiming a homestead right on property they own. The Married Couples Joint Homestead Declaration is for married couples who are jointly claiming a homestead right on property they own. In either case, the Montana Homestead Declaration must be filed with the county recorder's office, who will determine if the homestead can be granted. If approved, the homesteader will receive a certificate of homestead protection that will protect their property from creditors and levies.

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FAQ

The Homestead Act of 1862 enabled thousands to claim land in Montana. This act offered 160 acres of public land to US citizens on the condition that they live on, cultivate, and improve it. They could then "prove up" and obtain a deed after five years.

The amount of the Montana personal exemption from individual income tax is adjusted annually for inflation ( MCA 15-30-2114(6)) The personal exemption amount is: 2022 tax year: $2,710. 2021 tax year: $2,580. 2020 tax year: $2,560.

Montana has one of the more generous exemptions. You'll be able to protect up to $350,000 of equity in a residence, including your home, condominium, or any other dwelling and appurtenances. The property can be up to 320 farm acres, a quarter of city acreage, or one residential acre outside a municipality.

The Homestead Act of 1862 enabled thousands to claim land in Montana. This act offered 160 acres of public land to US citizens on the condition that they live on, cultivate, and improve it. They could then "prove up" and obtain a deed after five years.

A property owner files the homestead declaration form with the clerk and recorder's office in the county where the home, mobile, or manufactured home is located. What is the cost of filing a Montana homestead declaration? The recording fee for a homestead declaration is $8 per page in 2021.

There are a lot of wide, open spaces on which to raise crops or livestock on a homestead in Montana. Close to 80 percent of Montana's farms and ranches are family-owned and the state's economy revolves around agriculture.

By signing a legal document known as a homestead declaration, Montanans can protect up to $250,000 in value of a home against most creditors' claims.

To be eligible to file for protection up to $378,560 equity protection in 2023 with a Montana Homestead Declaration, a person's property must be his/her primary residence. A ?homestead? is the house or mobile home in which a person lives and the land on which it is erected.

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Montana Homestead Declaration