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Using a Homestead Declaration to Protect Your Home From Creditors

MontGuide 199815

Revised July 2007 1



Marsha A. Goetting

Ph.D.,

®, CFP



CFCS



Professor & Extension Family Economics Specialist Dept. of Agricultural Economics & Economics



Keri D. Hayes

Publications Assistant Dept. of Agricultural Economics & Economics

2



Protection

• Up to $250,000



in value of a home against most creditor claims

3



What is a Homestead?

• House, condo, townhouse,



or mobile home • Land on which it sits • Any improvements, fences, etc.

4



Not Eligible

• Doesn’t include:

• Home furnishings • Appliances



5



Legal Value

• Amount appearing on the last completed county assessment • From county treasurer’s office

6



Example:

• Joe’s house:

Assessed value = $80,000 Mortgage Balance = $50,000 Protection = $30,000

7



Example:

• Doug & Laura’s house:

 Assessed



value =  Mortgage Balance =  Remaining Balance =



$275,000 $ 10,000 $265,000



****BUT, Maximum Protection is $250,000

8



Who Should Sign?

• Both spouses should sign the declaration • Must be notarized

9



Who Should Sign?

• A spouse may acquire



interest in property at marriage unless there is a premarital agreement

10



Record

• Clerk and Recorder’s office • In the county where the home is located



11



No Protection

• Creditor obtains judgment against the homeowner before declaration is filed



12



No Protection

• Against liens



13



No Protection

• Failure to pay



the mortgage



14



No Protection

• Cases of



bankruptcy



15



Medicaid Estate & Recovery Program

• Lien on home of homeowner in a nursing home whose medical costs were paid by Medicaid

16



Homestead Declaration Form

• Montana has no standard form

• Example p. 3 MontGuide

17



Undo a Declaration

• Declaration of Abandonment form

• Example p. 4 MontGuide

18



MontGuide PowerPoint Presentations on the Web

www.montana.edu/extensionecon/ presentations.html

19



MontGuide on the Web

www.montana.edu/wwwpb/pubs/ mt9815.pdf

20



Using a Homestead Declaration to Protect Your Home From Creditors Questions?

Revised July 2007 21




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