Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
The owner completes, signs, and has the Montana homestead declaration notarized. The owner then files the document in the office of the clerk and recorder in the county in which the home is located. If married, both spouses should sign the declaration and live on the property.
Homestead allowance. A decedent's surviving spouse is entitled to a homestead allowance of $22,500. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to $22,500 divided by the number of minor and dependent children of the decedent.
Homesteading in the state dates back to the Homestead Act of 1862, enabling US citizens to claim land provided that they lived on it, cultivated it, and improved it. Though several supplementary laws have been passed since the 1862 act, homesteading is still legal in Montana.
In recent years, some Montanans have placed their property in revocable trusts. If an owner has the title in sole ownership, the owner has the full $393,702 (2024) homestead exemption.
The new law established a three-fold homestead acquisition process: file an application, improve the land, and file for deed of title. Any U.S. citizen, or intended citizen, who had never borne arms against the U.S. Government could file an application and lay claim to 160 acres of surveyed Government land.
To be eligible to file for up to $393,702 equity protection in 2024 with a Montana Homestead Declaration, a person's subject 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.
How the Homestead/Farmstead Exclusion (Act 50) Works. The exclusion provides a $18,000 reduction in assessed value for Allegheny County real property taxation and results in $85.14 in annual savings of county taxes for most constituents.