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Homestead Exemption Laws in Montana

Montana's homestead value limit was $350,000 in 2021 and rises 4% every calendar year, with the current figure set by Department of Revenue rule, and the statute sets no acreage limit.

Last checked . General information, not legal advice.

Montana at a glance

Exemption amount
$350,000 in 2021, plus 4% a year
The Department of Revenue adopts the current limit by rule; the 2026 figure was not confirmed. Co-owners get a share proportional to their interest.
Unlimited in value
No
Acreage limit
No acreage limit
The homestead is the dwelling and the land it sits on. The former acreage section, MCA 70-32-102, was repealed in 1981.

Sources

Last checked

The rules in Montana

How much home equity does the homestead exemption protect in Montana?

Exemption amount in Montana: $350,000 in 2021, plus 4% a year. The Department of Revenue adopts the current limit by rule; the 2026 figure was not confirmed. Co-owners get a share proportional to their interest.

Is the homestead exemption unlimited in value in Montana?

No. Unlimited in value in Montana: no.

Is there an acreage limit on the homestead exemption in Montana?

Acreage limit in Montana: No acreage limit. The homestead is the dwelling and the land it sits on. The former acreage section, MCA 70-32-102, was repealed in 1981.

Where do the Montana homestead exemption laws come from?

The rules above come from Mont. Code Ann. 70-32-104 and Mont. Code Ann. 70-32-101. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The exemption applies to equity, not to the full value of the home. Equity is the market value minus the mortgages and other liens on the property. A lender that holds a mortgage on the home, and certain other claims such as taxes on the property, can usually still be enforced against it regardless of the exemption.

Check whether you need to take a step to claim the protection. Some states protect a home automatically once it is your residence, while others require you to record a homestead declaration with the county or to claim the exemption in court when a creditor tries to collect.

In bankruptcy, federal law can limit a state homestead exemption for a home bought within a set period before the filing, and residency rules decide which state's exemptions apply if you moved recently. Some states also let filers choose the federal bankruptcy exemptions instead of the state list. A bankruptcy attorney can confirm which rules apply to your situation.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.