Declaration of Homestead

FORM 1: DECLARATION OF HOMESTEAD Section 70-32-201 MCA TYPE IN FORM 1 ATTACHED.

Everyone who owns a home is entitled an exemption against Judgment Liens and Creditors Liens in the amount of $100,000.00 in equity. Equity is the value of the property above any mortgages, trust indentures or contract for deed on your primary residence. While a homestead exemption does not protect against most liens against your house such as mortgages, second mortgages, trust indentures as you waive your homestead rights when you receive these types of loans it does protect against for the most part all other private creditors. (This does not include tax liens).

What you need to complete the form. In the first field you will need to insert the COMPLETE LEGAL DESCRIPTION you can obtain this from your deed, a mortgage, trust indenture, title report, closing documents from the purchase of your property, THE SHORT FORM LEGAL DESCRIPTION WILL NOT WORK. To get the full legal you can also take your tax notice down to the clerk and recorders office and they will provide you with the legal description from the assessors notice. You should be very careful with completing the legal description. You should type in the description and then have someone else compare it to the description on the deed or other source where you obtained the description and read it back to you while you read the description on the homestead form.

All property owners will need to sign the Homestead form in front of a notary public.

The document will need to be notarized.

In the Return To: field you will need to enter your name and address where you would like the Homestead Form returned to you after it has been recorded.

RECORDED: to perfect your homestead form you will need to have it recorded with the Clerk and Recorder's Office in the County where the land is situated. The Clerk and Recorder's charge per page you will need to contact them directly to find out their fees as they change periodically, a copy and return stamped envelope with your address.

The addresses for the local Clerk and Recorders are provided in the following links:

Flathead Clerk and Recorder
Lake County Clerk and Recorder
Sanders County Clerk and Recorder
Lincoln County Clerk and Recorder

If you have further questions about the Homestead Form please email us directly or fill out the free consultation form.

The following form is in .pdf format. Click on the blank fields in the document to input text into the field. When you are finished, print the document.

Declaration of Homestead PDF