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.
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