Montana Statutes
§ 70-32-202 — Execution Allowed Under Certain Judgments
70-32-202 . Execution allowed under certain judgments. The homestead is subject to execution or forced sale in satisfaction of judgments obtained:
(1)on debts secured by construction or vendors' liens upon the premises;
(2)on debts secured by mortgages on the premises, executed and acknowledged by the husband and wife or by an unmarried claimant; or
(3)on debts secured by mortgages on the premises, executed and recorded before the declaration of homestead was filed for record.
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Legislative History
En. Sec. 1674, Civ. C. 1895; re-en. Sec. 4698, Rev. C. 1907; re-en. Sec. 6949, R.C.M. 1921; Cal. Civ. C. Sec. 1241; re-en. Sec. 6949, R.C.M. 1935; R.C.M. 1947, 33-105(part); amd. Sec. 6, Ch. 370, L. 1981.
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Repealed§ 70-32-104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