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.
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.
Structure Montana Code Annotated
Part 2. Homestead Exemption -- Execution
70-32-201. Homestead exempt from execution generally
70-32-202. Execution allowed under certain judgments
70-32-203. Execution under judgments not enumerated -- application required
70-32-204. Application for appraisal -- contents -- filing
70-32-205. Service of petition -- notice of hearing
70-32-206. Appointment of appraisers -- oath
70-32-208. Report of appraisers -- contents
70-32-209. Order dividing land -- execution against remainder over exemption
70-32-210. Sale when land cannot be divided
70-32-212. Application of proceeds of sale
70-32-213. Sale proceeds equal to exemption protected
70-32-214. Compensation of appraisers
70-32-216. Tracing homestead proceeds