Montana: Deed Execution and Recording Formalities
The short answer
In Montana a deed is valid between the grantor and grantee once the owner signs (subscribes) a written deed and delivers it — no witnesses are required. To record it, the deed must be acknowledged before a notary (or its execution proved by a subscribing witness) and filed with the clerk and recorder of the county where the land sits. Montana is a race-notice state: an unrecorded deed is void against a later good-faith purchaser for value who records first. Montana is not a community-property state and has no dower or curtesy, but a married person's homestead cannot be conveyed unless both spouses sign and acknowledge the deed.
Ask Ezel about your situation
This is the general rule in Montana. Ezel applies current Montana law to your specific facts and answers with citations to the statutes.
| Governing law and deed scope | Common-law title state; not a community-property state. Deed execution rests on the statute of frauds, Mont. Code Ann. § 70-20-101 (Title 70, Property). Recording sits in Title 70, ch. 21 (Recording Transfers): unrecorded instruments are valid between the parties (§ 70-21-102), acknowledgment is required to record (§ 70-21-203), and the recording-priority rules run through §§ 70-21-301 to 70-21-304. The one marital-signature rule is the homestead statute, § 70-32-301. Recording is done by the county clerk and recorder. Scope here is an ordinary present transfer of a fee interest by an individual owner; mortgages, and tax, sheriff, and fiduciary deeds follow separate rules |
|---|---|
| Writing and grantor signature | Signed writing (deed). 'An estate or interest in real property, other than an estate at will or for a term not exceeding 1 year, may not be created, granted, assigned, surrendered, or declared otherwise than by operation of law or a conveyance or other instrument in writing, subscribed by the party ... or by the party's lawful agent authorized by writing' (§ 70-20-101). So the owner — or a written-authorized agent — must sign (subscribe) a written deed. Montana requires no seal and does not make a consideration recital a condition of validity; statewide formatting and content requirements are applied by the county clerk and recorder at recording |
| Witnesses | None. Montana requires no subscribing or attesting witnesses to make a deed valid. Section 70-21-203 lets the execution of a deed be 'proved by a subscribing witness' as an alternative to a notarial acknowledgment, but that is only a route to record a deed the grantor did not personally acknowledge — not a witnessing requirement for validity. A notarized deed needs no witnesses. There is no two-witness execution rule like Florida's or Ohio's |
| Acknowledgment or notarization | Not required for validity between the parties; required to record. 'An unrecorded instrument is valid as between the parties and those who have notice thereof' (§ 70-21-102), so a signed, delivered deed passes title without a notary. But 'before the instrument can be recorded, its execution must be acknowledged ... by the person executing it' — acknowledgment as defined in Montana's notarial-acts law, § 1-5-602 — or 'proved by a subscribing witness' (§ 70-21-203). The acknowledgment is the ordinary gate into the land records |
| Spouse, homestead, and marital joinder | Homestead joinder. Montana is not a community-property state and has no dower or curtesy, but its homestead statute requires both spouses to sign: 'The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both husband and wife' (§ 70-32-301). So a deed of a married person's homestead — the protected principal residence under Title 70, ch. 32 — needs both spouses' signatures and acknowledgments, even if only one spouse holds title. Property that is not the homestead may be conveyed by the titled owner alone |
| Signing through an agent or representative | An agent signs under written authority. The statute of frauds itself authorizes a conveyance 'by the party's lawful agent authorized by writing' (§ 70-20-101), and the acknowledgment is taken from 'the person executing' the deed (§ 70-21-203) — the attorney-in-fact signs the owner's name and the agent's own name as attorney-in-fact. Recording the power of attorney is customary so the agent's authority appears in the chain of title, but Montana does not by statute make recording the power of attorney a condition of a valid agent conveyance |
| Recording office and statewide content | Record with the clerk and recorder of the county where the land lies. The deed's execution must be acknowledged, or proved by a subscribing witness, before it can be recorded (§ 70-21-203), and once recorded a conveyance operates under the recording act (§§ 70-21-301 to 70-21-304). Montana imposes no state real-estate transfer tax, but the county clerk and recorder applies statewide formatting and content requirements (such as paper size, margins, and a return address) — confirm current fees, formatting, and the county's realty transfer certificate requirements with the clerk and recorder |
| Nonrecording effect and defect cures | Race-notice recording act. A signed, delivered deed is valid between the parties even unrecorded (§ 70-21-102), but 'every conveyance of real property, other than a lease for a term not exceeding 1 year, is void against any subsequent purchaser or encumbrancer ... in good faith and for a valuable consideration whose conveyance is first duly recorded' (§ 70-21-304). So a later buyer defeats an earlier unrecorded deed only if that buyer takes in good faith, pays value, and records first — a race-notice rule — and recording gives constructive notice against later claimants. A deed the grantor cannot personally acknowledge may still be recorded on a subscribing witness's proof (§ 70-21-203). Recording cures no forgery, incapacity, or lack of title |
Compare this rule across all 50 states + DC →
Requirements one by one
Governing law and scope
Montana is a common-law title state and is not a community-property state. Deed execution rests on the
statute of frauds, Mont. Code Ann. § 70-20-101 (Title 70, Property). Recording sits in Title 70, ch. 21
(Recording Transfers): an unrecorded deed is valid between the parties (§ 70-21-102), acknowledgment is
required to record (§ 70-21-203), and the recording-priority rules run through §§ 70-21-301 to 70-21-304.
The one marital-signature rule is the homestead statute, § 70-32-301. Recording is done by the county
clerk and recorder. This page covers an ordinary present transfer of a fee interest by an individual
owner; mortgages, and tax, sheriff, and other fiduciary deeds run on their own rules.
Writing and grantor signature
A Montana deed is a written instrument the owner signs. "An estate or interest in real property, other
than an estate at will or for a term not exceeding 1 year, may not be created, granted, assigned,
surrendered, or declared otherwise than by operation of law or a conveyance or other instrument in
writing, subscribed by the party ... or by the party's lawful agent authorized by writing" (§ 70-20-101).
So the owner — or a written-authorized agent — must subscribe (sign) a written deed. Montana requires no
seal and does not make a consideration recital a condition of validity; the county clerk and recorder
applies statewide formatting and content requirements at recording.
Witnesses
Montana needs no witnesses to sign a deed. Section 70-21-203 lets the execution of a deed be "proved
by a subscribing witness" as an alternative to a notarial acknowledgment, but that is only a way to
record a deed the grantor did not personally acknowledge — not a witnessing requirement for validity. A
notarized deed needs no witnesses. There is no two-witness execution rule like the ones in Florida or Ohio.
Acknowledgment or notarization
Notarization is a recording step, not a validity step between the parties. "An unrecorded instrument is
valid as between the parties and those who have notice thereof" (§ 70-21-102), so a signed, delivered
deed passes title without a notary. But "before the instrument can be recorded, its execution must be
acknowledged ... by the person executing it" — acknowledgment as defined in Montana's notarial-acts law,
§ 1-5-602 — "or proved by a subscribing witness" (§ 70-21-203). In practice the notary acknowledgment is
the route into the land records.
Spouse, homestead, and marital joinder
Montana is not a community-property state and has no dower or curtesy, but its homestead statute does
require both spouses to sign. "The homestead of a married person cannot be conveyed or encumbered unless
the instrument by which it is conveyed or encumbered is executed and acknowledged by both husband and
wife" (§ 70-32-301). So a deed of a married person's homestead — the protected principal residence under
Title 70, ch. 32 — needs both spouses' signatures and acknowledgments, even if only one spouse holds
title. Property that is not the homestead may be conveyed by the titled owner alone.
Signing through an agent or representative
An agent can sign a Montana deed under written authority. The statute of frauds itself authorizes a
conveyance "by the party's lawful agent authorized by writing" (§ 70-20-101), and the acknowledgment is
taken from "the person executing" the deed (§ 70-21-203) — the attorney-in-fact signs the owner's name
and the agent's own name as attorney-in-fact. Recording the power of attorney is customary so the agent's
authority appears in the chain of title, but Montana does not by statute make recording the power of
attorney a condition of a valid agent conveyance.
Recording office and statewide content
Record the deed with the clerk and recorder of the county where the land lies. The deed's execution
must be acknowledged, or proved by a subscribing witness, before it can be recorded (§ 70-21-203), and
once recorded a conveyance operates under the recording act (§§ 70-21-301 to 70-21-304). Montana imposes
no state real-estate transfer tax, but the county clerk and recorder applies statewide formatting and
content requirements (such as paper size, margins, and a return address) and requires a realty transfer
certificate — confirm current fees and formatting with the clerk and recorder.
Nonrecording effect and defect cures
Montana's recording act is a race-notice act. A signed, delivered deed is valid between the parties
even unrecorded (§ 70-21-102), but "every conveyance of real property, other than a lease for a term not
exceeding 1 year, is void against any subsequent purchaser or encumbrancer ... in good faith and for a
valuable consideration whose conveyance is first duly recorded" (§ 70-21-304). So a later buyer defeats
an earlier unrecorded deed only if that buyer takes in good faith, pays value, and records first —
stricter than a pure notice state, and a strong reason to record promptly. A deed the grantor cannot
personally acknowledge may still be recorded on a subscribing witness's proof (§ 70-21-203). None of this
cures a forged signature, an incapacitated grantor, or a grantor who did not own the land.
What trips people up
- A married person's homestead deeded by one spouse. Section 70-32-301 says the homestead "cannot be
conveyed or encumbered" unless both spouses execute and acknowledge the deed. On the family home, one
spouse's signature is not enough, even if only that spouse is on the title. - Assuming a signed deed is safe unrecorded. It binds you and your grantee (§ 70-21-102), but under
§ 70-21-304 a later good-faith buyer for value who records first can defeat it. Record promptly with the
county clerk and recorder. - Race-notice, not pure notice. A later buyer who takes without notice must also record first to win
(§ 70-21-304). Recording promptly is what protects your priority. - Acknowledgment versus proof by a witness. The ordinary route to record is a notary acknowledgment
(§ 70-21-203); the subscribing-witness "proof" route exists for a deed the grantor cannot personally
acknowledge, not as a general witnessing requirement.
Common questions
Do I need witnesses to sign a Montana deed?
No. Montana requires no subscribing or attesting witnesses. You need the owner's signature and, to record,
a notary's acknowledgment — or, for a deed the grantor cannot acknowledge, proof by a subscribing witness
(§ 70-21-203).
Does my spouse have to sign if the house is only in my name?
If it is your homestead, yes. Section 70-32-301 bars conveying or encumbering "the homestead of a married
person" unless both spouses execute and acknowledge the deed. Property that is not a homestead can be
conveyed by the titled owner alone.
Is a signed-but-unrecorded Montana deed valid?
Between you and your grantee, yes (§ 70-21-102). But Montana is a race-notice state, so a later good-faith
purchaser for value who records before you can defeat your deed (§ 70-21-304). Record it with the county
clerk and recorder to protect your priority.
Where do I record a Montana deed?
With the clerk and recorder of the county where the land sits. The deed must first be acknowledged (or its
execution proved by a subscribing witness) under § 70-21-203; confirm fees and formatting with the clerk
and recorder.
Statutes and sources
- Mont. Code Ann. § 70-20-101 — an interest in real property is conveyed only by a signed writing (or a written-authorized agent).
https://mca.legmt.gov/bills/mca/title_0700/chapter_0200/part_0010/section_0010/0700-0200-0010-0010.html (accessed 2026-07-16) - Mont. Code Ann. § 70-21-102 — an unrecorded instrument is valid between the parties and those with notice.
https://mca.legmt.gov/bills/mca/title_0700/chapter_0210/part_0010/section_0020/0700-0210-0010-0020.html (accessed 2026-07-16) - Mont. Code Ann. § 70-21-203 — a deed's execution must be acknowledged, or proved by a subscribing witness, before it can be recorded.
https://mca.legmt.gov/bills/mca/title_0700/chapter_0210/part_0020/section_0030/0700-0210-0020-0030.html (accessed 2026-07-16) - Mont. Code Ann. § 70-21-301 — defines "conveyance" for the recording act.
https://mca.legmt.gov/bills/mca/title_0700/chapter_0210/part_0030/section_0010/0700-0210-0030-0010.html (accessed 2026-07-16) - Mont. Code Ann. § 70-21-304 — an unrecorded conveyance is void against a subsequent good-faith purchaser for value who records first (race-notice).
https://mca.legmt.gov/bills/mca/title_0700/chapter_0210/part_0030/section_0040/0700-0210-0030-0040.html (accessed 2026-07-16) - Mont. Code Ann. § 70-32-301 — a married person's homestead cannot be conveyed or encumbered unless both spouses execute and acknowledge the deed.
https://mca.legmt.gov/bills/mca/title_0700/chapter_0320/part_0030/section_0010/0700-0320-0030-0010.html (accessed 2026-07-16)
Source links
Every statute quoted above, linked, with the date we checked it.
Get the answer for your situation
You just read how Montana handles this in general. Ezel applies current Montana law to your facts and answers your specific question, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.