Bankruptcy exemptions in Montana: what you can keep
Every Montana exemption with its amount and law, plus the federal rules that limit them.
Checked against official sources: October 25, 2026.
Short answer
In Montana you use state exemptions only (exemptions are the property the law lets you keep). Your home (homestead): $350,000 in 2021, increased by 4% every calendar year after 2021.
- Exemption system
- State exemptions only
- Car or other vehicle
- $4,000 of equity in one motor vehicle.
- Amounts
- Personal property, vehicle and tools amounts set by 2021 Mont. Laws Ch. 539.
The Montana exemption list
Exemptions are the property the law lets you keep. You use the Montana list. The federal list is not available in Montana.
Law: Mont. Code Ann. 31-2-106
| What | Montana exemption |
|---|---|
Home (homestead) | $350,000 in 2021, increased by 4% every calendar year after 2021. The law tells the Montana Department of Revenue to set the homestead value limit by administrative rule. The homestead is the house or mobile home you live in, plus the land under it. You must sign a declaration of homestead, acknowledged like a deed, and record it with the county clerk where the land is. If you own only part of the property, the exemption is limited to your share. Property in a revocable trust you set up can qualify. The homestead does not protect you from construction or vendors' liens, a mortgage signed by you (and your spouse), or a mortgage recorded before your declaration of homestead. Money from a sale, condemnation or insurance on the homestead stays exempt for 18 months if you can trace it. Law: Mont. Code Ann. 70-32-101, 70-32-103, 70-32-104, 70-32-105, 70-32-107, 70-32-202, 70-32-216 The law gives a rule here, not one dollar figure, and the figure can change each year. We show the rule exactly as the law states it and do not calculate a figure for you. Check the current figure in the official source or with the court. Official source: |
Car or other vehicle | $4,000 of equity in one motor vehicle Law: Mont. Code Ann. 25-13-609(2) |
Household goods and clothing | $7,000 total, and no more than $1,250 for any one item, in household furnishings and goods, appliances, jewelry, clothing, books, firearms and other sporting goods, animals, feed, crops and musical instruments. Health aids prescribed by a professional are exempt with no limit. Law: Mont. Code Ann. 25-13-609(1), 25-13-608(1)(a) |
Tools of your trade | $4,500 total in implements, professional books and tools of the trade of you or your dependent Law: Mont. Code Ann. 25-13-609(3) |
Wages | At least 75% of your weekly disposable earnings is exempt (more if you earn less than 30 times the federal minimum hourly wage per week). The limit is different for child support or alimony orders. Exempt earnings stay exempt for 45 days after you receive them if you can trace them. Law: Mont. Code Ann. 25-13-614, 25-13-610(2) |
Retirement accounts | IRAs and Roth IRAs are exempt to the extent of contributions made before the lawsuit was filed, plus earnings; rollovers are exempt. Montana public retirement benefits are exempt. Other retirement plans are exempt, except contributions made in the year before filing that are more than 15% of your gross income for that year. IRAs are not protected against child support or alimony debts. Law: Mont. Code Ann. 25-13-608(1)(e), (i), (j), (2); Mont. Code Ann. 31-2-106(4) |
Public benefits | Social Security, local public assistance, veterans' benefits, disability or illness benefits, unemployment benefits and workers' compensation are exempt (with exceptions for child support and alimony). State public assistance cannot be reached by any bankruptcy law. Law: Mont. Code Ann. 25-13-608(1)(b)-(d), 39-51-3105, 39-71-743, 53-2-607, 31-2-106(3) |
Other exemptions |
Law: Mont. Code Ann. 25-13-608(1)(g); Mont. Code Ann. 25-13-608(1)(h); Mont. Code Ann. 25-13-608(1)(k); Mont. Code Ann. 25-13-608(1)(l), 25-13-603 |
If you use your state's exemptions, you can protect no more than $214,000 of home equity that you acquired in the 1,215 days (about 3 years and 4 months) before you filed. Equity moved from an earlier home in the same state, bought before that period, does not count. The cap does not apply to a family farmer's main home.
Law: 11 U.S.C. 522(p); 90 FR 8941
Amounts: Personal property, vehicle and tools amounts set by 2021 Mont. Laws Ch. 539. Homestead limit set by 2021 Mont. Laws Ch. 442 ($350,000 in 2021, plus 4% per calendar year). Read in the Montana Code Annotated 2025 on leg.mt.gov.
Your home in Montana
$350,000 in 2021, increased by 4% every calendar year after 2021. The law tells the Montana Department of Revenue to set the homestead value limit by administrative rule. The homestead is the house or mobile home you live in, plus the land under it.
You must sign a declaration of homestead, acknowledged like a deed, and record it with the county clerk where the land is. If you own only part of the property, the exemption is limited to your share. Property in a revocable trust you set up can qualify. The homestead does not protect you from construction or vendors' liens, a mortgage signed by you (and your spouse), or a mortgage recorded before your declaration of homestead. Money from a sale, condemnation or insurance on the homestead stays exempt for 18 months if you can trace it.
Law: Mont. Code Ann. 70-32-101, 70-32-103, 70-32-104, 70-32-105, 70-32-107, 70-32-202, 70-32-216
If you use your state's exemptions, you can protect no more than $214,000 of home equity that you acquired in the 1,215 days (about 3 years and 4 months) before you filed. Equity moved from an earlier home in the same state, bought before that period, does not count. The cap does not apply to a family farmer's main home.
Law: 11 U.S.C. 522(p); 90 FR 8941
Retirement accounts
IRAs and Roth IRAs are exempt to the extent of contributions made before the lawsuit was filed, plus earnings; rollovers are exempt. Montana public retirement benefits are exempt. Other retirement plans are exempt, except contributions made in the year before filing that are more than 15% of your gross income for that year. IRAs are not protected against child support or alimony debts.
Law: Mont. Code Ann. 25-13-608(1)(e), (i), (j), (2); Mont. Code Ann. 31-2-106(4)
Retirement money in tax-exempt accounts is protected whichever set of exemptions you use (IRAs subject to the 522(n) cap).
Law: 11 U.S.C. 522(b)(3)(C), 522(d)(12), 522(n)
If you moved in the last 2 years
You use the exemption law of the state where you lived (your domicile) for the full 730 days (2 years) before you filed. If you moved between states during those 2 years, you use the law of the state where you lived for the 180 days before that 2-year period, or where you lived the longest part of those 180 days.
Law: 11 U.S.C. 522(b)(3)(A)
If this rule leaves you with no exemptions at all (for example, the state's exemptions apply only to its residents and you no longer live there), you can use the federal exemptions instead.
Law: 11 U.S.C. 522(b)(3), flush language
What changed in 2024–2026 in Montana
No change to the statutes in 2024-2026. The homestead limit rises automatically by 4% each calendar year under the 2021 law.
In nearby states
- Wyoming: State exemptions only. Home (homestead): up to $100,000 in value, per person.
- Idaho: State exemptions only. Home (homestead): $175,000 of net value (market value minus liens) in your homestead, with no limit on land area.
- North Dakota: State exemptions only. Home (homestead): $150,000 in equity in the land you live on and your house, including improvements; the land must be one tract or contiguous tracts.
- South Dakota: State exemptions only. Home (homestead): no dollar limit on the value of the home itself.
Steps to protect what you can in Montana
Write down your property
List each thing you own and what it is worth on Official Form 106A/B.
Match each item to an exemption
The table above shows the Montana amount for each kind of property.
Claim your exemptions
You claim exemptions on Official Form 106C.
Talk to legal aid
Free help: Montana Legal Services Association (help line) and Montana Law Help (run by Montana Legal Services Association).
Where to get free help in Montana
- Montana Legal Services Association (help line) · (800) 666-6899
- Montana Law Help (run by Montana Legal Services Association)
- Montana courts Court Help Program (walk-in legal information for people without a lawyer)
- Legal Services Developer, Montana DPHHS (free legal help for people 60 and over) · (800) 332-2272
- U.S. Bankruptcy Court for the District of Montana – Court's self-help page
Questions about exemptions in Montana
Can I use the federal bankruptcy exemptions in Montana?
No. Montana requires you to use the state exemptions.
What is the homestead exemption in Montana?
$350,000 in 2021, increased by 4% every calendar year after 2021. The law tells the Montana Department of Revenue to set the homestead value limit by administrative rule. The homestead is the house or mobile home you live in, plus the land under it.
How much of a car can I keep in bankruptcy in Montana?
$4,000 of equity in one motor vehicle
Are furniture and clothes exempt in Montana?
$7,000 total, and no more than $1,250 for any one item, in household furnishings and goods, appliances, jewelry, clothing, books, firearms and other sporting goods, animals, feed, crops and musical instruments. Health aids prescribed by a professional are exempt with no limit.
Are retirement accounts protected in bankruptcy in Montana?
IRAs and Roth IRAs are exempt to the extent of contributions made before the lawsuit was filed, plus earnings; rollovers are exempt. Montana public retirement benefits are exempt. Other retirement plans are exempt, except contributions made in the year before filing that are more than 15% of your gross income for that year. IRAs are not protected against child support or alimony debts.
How much of my pay is exempt in Montana?
At least 75% of your weekly disposable earnings is exempt (more if you earn less than 30 times the federal minimum hourly wage per week). The limit is different for child support or alimony orders. Exempt earnings stay exempt for 45 days after you receive them if you can trace them.