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Homestead Declaration (write-in-the-blank form)

Authored By: Montana State University (MSU) Extension Office

Before You Start

 

A Homestead Declaration can protect the value of your home against most creditors’ claims. A homestead is the house or mobile home that a person lives in and land on which it sits. The property must be a person’s primary residence for it to be eligible for a Homestead Declaration. This may include a mobile home or manufactured home where the owner doesn’t own the land the mobile home is situated on.

In 2021, the maximum value you can protect with a Homestead Declaration is $350,000. The protected amount automatically increases each year by 4%. You don’t need to file a new Homestead Declaration each year the protected amount automatically increases. 

You must file the Homestead Declaration before a creditor obtains a judgment against you. You will need to file the Declaration with the Clerk and Recorder’s Office in the county where the homestead is located. 

 

Need More Information? 

If you have any questions about your rights or this form, it would be a good idea to read Using a Homestead Declaration to Protect You Home from Creditors

 

Need Help?

Montana Legal Services Association provides free civil legal help to eligible clients. Learn more about how to apply for free legal help

 


 

Download the Form

Last Review and Update: Oct 20, 2021
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