Homestead Law
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Statutes
The homestead is generally exempt from execution or forced sale. (MCA 70-32-201) The homestead is subject to execution or forced sale in satisfaction of judgments obtained on debts secured by construction or vendors' liens upon the premises; on debts secured by mortgages on the premises, executed and acknowledged by the husband and wife or by an unmarried claimant; or on debts secured by mortgages on the premises, executed and recorded before the declaration of homestead was filed for record. (MCA 70-32-202) When an execution for the enforcement of a judgment obtained in a case not within these classes is levied upon the homestead, the judgment creditor may apply to the district court of the county in which the homestead is situated or a judge thereof for the appointment of persons to appraise the value thereof. (MCA 70-32-203)
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