Montana Code Annotated 2023

TITLE 70. PROPERTY

CHAPTER 32. HOMESTEADS

Part 2. Homestead Exemption -- Execution

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.

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.