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Montana f of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY SIGNATURE NOTARY SEAL (Name of Notary) nt and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalared _________________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrume. Signature Printed Name Date Signature Printed Name Date State of Montana County of __________________ } ss. On ____________ before me, _________________________________________, personally appedwelling, and we reside in this property on the date that the homestead declaration is recorded. 4. The facts stated in this homestead declaration are known to be true as of our own personal knowledgeMontana, and more particularly described as follows (give complete legal description): 2. We claim this property and the dwelling thereon as our family's homestead. 3. This property is our principal e address of _________________ __________________________________________________________________________, in the City of ______________________, and County of _____________________________, State of ) ) ) ) ) ) ) ) ) HOMESTEAD DECLARATION We, _____________________________________ and hereby certify and declare the following: , do 1. That we are the owners of the following property located at thnd When Recorded Mail To _____________________________________________ Name _____________________________________________ Address _____________________________________________ City State and Zip ) ) ed Stamped Envelopes. You will need this because you will be asking the clerk to return a copy of the recorded Declaration. Declaration of Homestead ­Married (Instructions) 2 Recording Request By ae recording fee. To get the specific amount of the recording fee you can contact your County Recorder. You can find its address and telephone number in your local telephone directory. One Self-Address (in the self-addressed stamped envelope you've enclosed). You will need to include the following items: Forms. The original and a copy of the Declaration Fees. You will need to include a check for th the County Recorder you will need to begin with a cover letter explaining what you have included and what you need done. You will want the clerk to record the Declaration and mail back it back to your County Recorder. You can find its address and telephone number in you local telephone directory. Declaration of Homestead ­Married (Instructions) 1 Mail ­If you choose to mail your Declaration tostead. The clerk will help you from here. Fees. You will need to pay the clerk the amount of the recording fee, probably around $10. To get the specific amount of the recording fee you can contact your County Recorder. You will need to bring in the original and two copies (just to be safe) of your completed and notarized Declaration. You will tell the clerk you want to record a Declaration of Homeg. You can either record the Declaration in person or by mail. In Person ­Recording your Declaration in person will be quicker because you won't have to wait for delivery. You can take the form to youicense, passport, etc.). Step 4: Copies. You should make at least two copies of your completed forms in case additional copies are required by the court and for your personal records. Step 5: Recordinp 3: Notary Acknowledgement. Take the form to a Notary Public, you can find one in your telephone directory or at local bank. Take personal identification with you (e.g. social security card, driver lto have this form notarized, so wait to sign it until you are in front of the notary. Notarization. Don't bother filling this in, it will be completed by the notary. B. RECORDING THE DECLARATION Stewelling, which can be taken off the deed to the property. Be sure that you include an accurate legal description to ensure the validity of the homestead declaration. Signature and Date. You will need : Return Address. In the upper right hand corner, insert the address you would like the Declaration mailed to once it is recorded. Legal Description. You are asked to give a legal description of the ds the instructions contained in the form carefully. Step 2: Completing the form. Insert the appropriate information in the form. Below are additional instructions for the trickier sections of the formlegal matters. INSTRUCTIONS MONTANA DECLARATION OF HOMESTEAD--MARRIED A. GETTING STARTED ­ COMPLETING THE FORMS Step 1: Read the Instructions Carefully. You need to read these instructions as well a of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of these materials. An attorney should be consulted for all serious emplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theoryular needs. The materials are used at your own risk. In no event will FindLegalForms, Inc, its agents, partners or affiliates be responsible or liable for any direct, indirect, incidental, special, exnd at findlegalforms.com. These materials are provided "AS-IS." We do not give any express or implied warranties of merchantability, suitability or completeness of any of the materials for your particient relationship is created by use of these materials. FindLegalForms, Inc. does not provide legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" foua typewriter, use black ink and print as legibly and neatly as possible. The court may reject forms that are difficult to read or they may input the information incorrectly. Disclaimer No Attorney-Clu can fill out the forms on the computer by entering the requested information in the appropriate spaces or you can fill them out manually. If you are filling out the forms manually and are not using resident of the county where you will record the Declaration. Materials This packet contains: (i) Information for the Declaration; (ii) Instructions for the Declaration; and (iii) The Declaration Yo) The owner of a dwelling (e.g. house, condo, etc.), not a renter; (ii) Married; (iii) You must reside in the dwelling at the time of the recording; (iv) A resident of the state of Montana; and (v) A ut labor and materials into the dwelling, or (iii) tax liens. For more information you should read sections 70-32-101 to 70-32-303 of the Montana Code. Requirements To use this packet you must be: (im: (i) loans or debts secured by the dwelling where such debts were contracted prior to the homestead declaration, and where both spouses have signed said loan or debt, (ii) liens by contractors who pe non-signing spouse. The declaration must then be recorded in the office of the county recorder for the county in which the homestead is located. Please note: the Declaration does not protect you froot provide for any automatic homestead exemption without a declaration. It is important that both spouses sign this declaration, as if they do not both sign, the exemption will not be effective for theeds of a sale of your homestead are protected for up to 18 months after the sale. In order to enjoy a homestead exemption for your home, you must complete a homestead declaration form. Montana does n then the court will allow a forced sale of your entire homestead to take place. If your home is sold (either voluntarily or through forced sale), you will receive up to $100,000 of the proceeds. Procdetermine whether it is feasible to divide your homestead, selling off enough land to satisfy your creditors' claims, while allowing you to keep the residence itself. If such division is not possible,f your home is less than $100,000, your creditors will be prohibited from forcing a sale of your home to satisfy their claims. If your home's value exceeds $100,000, then a court is first required to . The homestead law protects a certain amount of your equity in your home from being taken to pay the judgment. In Montana, a homestead exemption is limited to $100,000. This means that if the value od you will receive a judgment from the court. If you do not pay the judgment, they can then try to collect the judgment by garnishing your wages, having your automobile sold or by having you home soldINFORMATION MONTANA DECLARATION OF HOMESTEAD--MARRIED Overview A homestead law helps to protect you from losing your home to creditors. If you are sued for money in court and lose, the person who sue Montana