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Commonly Asked Questions about Montana Property Laws

Note: Total amount depends on multiple factors, most importantly the assessed value of your property. *Beginning in 2021 at $350,000, the value of a filed Montana Homestead Declaration increases 4% every year, thus in year 2024 the amount is $393,702.
Under Section 45-6-201 of the Montana Code (MCA), if a landowner fails to post a no-trespassing notice, entering the property is not technically trespassing (at least until you refuse to leave after the owner tells you to vamoose).
Homesteading in the state dates back to the Homestead Act of 1862, enabling US citizens to claim land provided that they lived on it, cultivated it, and improved it. Though several supplementary laws have been passed since the 1862 act, homesteading is still legal in Montana.
To gain legal ownership of a property in Montana, squatters must be able to prove continuous possession of it. The land must have been occupied by the squatter continuously for five years. They must regularly maintain the property over those five years and are required to pay any property taxes imposed.
To claim adverse possession in Montana, the squatter must occupy and use the land continuously for the entire statutory period, which is 15-20 years. This means the squatter must maintain actual, open, notorious, hostile, and exclusive possession of the property for 15-20 full years without any gaps.
Montana adverse possession laws require a five (5) year period of occupation before he or she may claim title to the property.
A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary to prevent or terminate the other persons trespass on or other tortious or criminal interference with either real property, other than an occupied
Montana is an equitable division state, not a community property state. The difference is Montana courts weigh multiple legal factors to determine an equitable division of the marital estate versus the assumption that all property is community property regardless each spouses contributions.