Montana § 70-32-103 From Whose Property Homestead May Be Selected -- Revocable Trust Disregarded

Montana Statutes

§ 70-32-103 — From Whose Property Homestead May Be Selected -- Revocable Trust Disregarded

Montana § 70-32-103

Title 70PROPERTY

Ch. 32HOMESTEADS

Part 1Establishment of the Homestead

This text of Montana § 70-32-103 (From Whose Property Homestead May Be Selected -- Revocable Trust Disregarded) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 70-32-103 (2026).

Text

70-32-103 . From whose property homestead may be selected -- revocable trust disregarded.

(1)If the claimant is married, the homestead may be selected from the property of either spouse. When the claimant is not married, the homestead may be selected from any of the claimant's property.

(2)A homestead may be selected from property contributed by the settlor to a revocable trust when the property would otherwise qualify under this chapter if it were not for the transfer of property to the revocable trust. For the purpose of this chapter, the claimant is the husband, wife, or unmarried person that is the settlor of the revocable trust. All provisions of this chapter apply to the settlor claimant in the same manner as an individual claimant, regardless of trust status.

(3)For the purposes

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70-32-103 . From whose property homestead may be selected -- revocable trust disregarded. (1) If the claimant is married, the homestead may be selected from the property of either spouse. When the claimant is not married, the homestead may be selected from any of the claimant's property.
(2) A homestead may be selected from property contributed by the settlor to a revocable trust when the property would otherwise qualify under this chapter if it were not for the transfer of property to the revocable trust. For the purpose of this chapter, the claimant is the husband, wife, or unmarried person that is the settlor of the revocable trust. All provisions of this chapter apply to the settlor claimant in the same manner as an individual claimant, regardless of trust status.
(3) For the purposes of this section, "revocable" and "settlor" have the same meaning as provided in 72-38-103 .

Legislative History

En. Sec. 1671, Civ. C. 1895; re-en. Sec. 4695, Rev. C. 1907; re-en. Sec. 6946, R.C.M. 1921; Cal. Civ. C. Sec. 1238; re-en. Sec. 6946, R.C.M. 1935; amd. Sec. 1, Ch. 1, L. 1975; R.C.M. 1947, 33-102; amd. Sec. 2, Ch. 370, L. 1981; amd. Sec. 2235, Ch. 56, L. 2009; amd. Sec. 1, Ch. 33, L. 2021.