Montana Statutes
§ 70-32-209 — Order Dividing Land -- Execution Against Remainder Over Exemption
70-32-209 . Order dividing land -- execution against remainder over exemption. If from the report it appears to the judge that the land claimed can be divided without material injury, the judge shall by an order direct the appraisers to set off to the claimant as much of the land, including the residence, that will amount in value to the homestead exemption, and the execution may be enforced against the remainder of the land.
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Legislative History
En. Sec. 1686, Civ. C. 1895; re-en. Sec. 4710, Rev. C. 1907; re-en. Sec. 6961, R.C.M. 1921; Cal. Civ. C. Sec. 1253; re-en. Sec. 6961, R.C.M. 1935; R.C.M. 1947, 33-117; amd. Sec. 2236, Ch. 56, L. 2009.
Nearby Sections
15
§ 70-32-101
Of What Homestead Consists§ 70-32-102
Repealed§ 70-32-104
Limitation On Value§ 70-32-105
Mode Of Selection -- Declaration Required§ 70-32-106
Contents Of Declaration§ 70-32-107
Declaration To Be Recorded§ 70-32-201
Homestead Exempt From Execution Generally§ 70-32-202
Execution Allowed Under Certain Judgments§ 70-32-205
Service Of Petition -- Notice Of Hearing§ 70-32-206
Appointment Of Appraisers -- Oath§ 70-32-207
Duty Of Appraisers§ 70-32-208
Report Of Appraisers -- Contents