Montana · MCA 70-32-301Montana homestead: when a recorded declaration means both spouses sign the deed

In Montana a homestead is created by the claimant executing and acknowledging a declaration of homestead, like a grant of real property, and recording it with the county clerk of the county where the land lies (MCA 70-32-105, 70-32-107); for a married claimant it may be selected from either spouse's property, including property placed in the settlor's revocable trust (MCA 70-32-103). Once recorded, the homestead of a married person cannot be conveyed or encumbered unless the deed or mortgage is executed and acknowledged by both husband and wife (MCA 70-32-301). A homestead can be abandoned only by a declaration of abandonment, or a grant, executed and acknowledged by both spouses if the claimant is married, and the declaration takes effect only when filed in the office where the homestead was recorded (MCA 70-32-302, 70-32-303). The homestead value limit, set by the Department of Revenue, was $350,000 in 2021 and increases by 4% each year (MCA 70-32-104(3)). For a sale, the title search tells the TC whether a declaration of homestead is on record.