The Montana Declaration Homestead form serves as a legal document that allows individuals to declare a specific property as their homestead, thereby providing it with protection from attachment or forced sale. This form is crucial for homeowners in Montana seeking to safeguard their residence and any associated improvements. By completing this declaration, claimants affirm their residency and the legal description of the property they wish to protect.
The Montana Declaration Homestead form serves as an essential legal document for individuals claiming a homestead exemption on their property. This form allows homeowners to protect their primary residence from attachment or forced sale under specific circumstances, as outlined in Montana law. It requires the names of the claimants and a detailed legal description of the property, which cannot be substituted with a simple street address. This description must include precise metes and bounds or a subdivision with a lot number. Additionally, the form includes a section for signatures of the claimants, affirming their claim to the property as their homestead. A notary public must also witness the signatures, ensuring the authenticity of the document. By completing this form, individuals can secure their homestead rights, safeguarding their dwelling and any improvements made on the property.
Return Document to:
_________________________
Name
Mailing Address
City, State, Zip
DECLARATION OF HOMESTEAD
__________________and __________________,
the undersigned, hereafter referred to as claimant(s), reside on and do hereby claim the following described property to be their homestead, which is exempt from attachment or forced sale pursuant to Title 70, Chapter 32; Montana Code Annotated.
The homestead property, claimed as exempt, is described as follows (legal description) (Note: A street address is not a legal description of the property nor is a deed
reference. The full metes and bounds description; subdivision with lot number or certificate of survey number must be included in the description):
________________________________________________________________________________________
______
together with the dwelling house, or mobile home and improvements and appurtenances thereon.
IN WITNESS WHEREOF, I/we have set my/our hand(s) this
day of _____________ ,__________.
_________________________________
(Signature of Claimant)
State of Montana
County of
This instrument was signed before me on __________________
by _________________________________________________________________.
Print name of signer(s)
Affix seal/stamp as close to signature as possible.
Notary Signature
[Montana notaries must complete the following, if not part of stamp.]
_________________________________________
Printed Name
Notary Public for the State of Montana
Residing at _________________________________________
My Commission expires:___________
,20_____
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