15-7-307. Certificate — exceptions. The certificate required by this part applies to all transfers. However, the certificate filed for the following transfers need not disclose the consideration paid or to be paid for the real estate transferred:

Terms Used In Montana Code 15-7-307

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Contemplation of death: The expectation of death that provides the primary motive to make a gift.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Property: means real and personal property. See Montana Code 1-1-205
  • Real estate: includes :

    (a)land;

    (b)growing timber;

    (c)buildings, structures, fixtures, fences, and improvements affixed to land. See Montana Code 15-7-303

  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Transfer: means an act of the parties or of the law by which the title to real property is conveyed from one person to another. See Montana Code 15-7-303
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(1)an instrument recorded prior to July 1, 1975;

(2)the sale of agricultural land when the land is used for agricultural purposes;

(3)the sale of timberland when the land is used for producing timber;

(4)a transfer by the United States, this state, or any instrumentality, agency, or subdivision of the United States or this state;

(5)an instrument that (without added consideration) confirms, corrects, modifies, or supplements a previously recorded instrument;

(6)a transfer pursuant to a court decree;

(7)a transfer pursuant to mergers, consolidations, or reorganizations of corporations, partnerships, or other business entities;

(8)a transfer by a subsidiary corporation to its parent corporation without actual consideration or in sole consideration of the cancellation or surrender of subsidiary stock;

(9)a transfer of decedents’ estates;

(10)a transfer of a gift;

(11)a transfer between husband and wife or parent and child with only nominal actual consideration for the transfer;

(12)an instrument the effect of which is to transfer the property to the same party or parties;

(13)a sale for delinquent taxes or assessments, a sheriff’s sale, or a sale pursuant to a bankruptcy court order;

(14)a transfer made in contemplation of death.

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