Protect Your Property with a Homestead Declaration

homestead protection
ReadyNutriton Guys and Gals, this article deals with preparation on a different slant: something you may be able to do in your home state to protect you from “Big Daddy” the Federal Government.  Remember, preparation is not only for ELE’s (Extinction Level Events) or an apocalyptic cataclysm.  I would venture to put forth that when one loses their home, this is an apocalyptic event in itself.  One of the things that you may be able to use to prevent this “capture” of your home by the Federal and State government is a Homestead Declaration, and I encourage all of you to pursue this simple avenue if it is available, as I have here in Montana.

The Homestead Declaration is a homeowner’s sworn statement that claims their property as their “homestead” and that claim is recorded with the clerk of the county courthouse.  This state law enables the property owner to ‘set apart’ their property (the homestead) and ‘designate’ it as such I the interests of protecting their home from a forced sale, thereby protecting its owner equity and denying such a sale to pay off creditors.

Sounds simple? Actually, it is.  This is how I did it in Montana for my property.  I went to a place that specializes in legal forms, and purchased my “Homestead Declaration” form for $9.00.  Then I filled it out in the County Courthouse.  The clerks helped me with it, as it is required to identify the property both by address and by the plat number they have in the courthouse.  You need to bring ID with you and any other persons who are on the actual deed to the property, as the document is notarized.  The fee to file here is $16.00 and it is done.

Here I was able to go directly across the hall, pay the fee, and obtain for 50 cents a copy of the document and a filing number.  The original is then filed, later registered, and in about a week or two they send you the original in the mail with the county seal on it.  There it is!  A done deal!

Let me tell you what this document does and how it protects you.  As mentioned, it is a Constitutionally-protected law, as the states that do this enact it on their own…a power reserved to the states.  In the grand scheme of things: to a certain assessed dollar value, they are not allowed to take your home.  For us here in Montana, that amount is $250,000, and rest assured, my home is much less than that figure.  Now let’s discuss what this does for you, and how it relates to the big picture, specifically Obamacare and Medicare.

The feds and states are almost completely “in-sync” with Obamacare.  What the feds can’t grab the states can scoop up, and vice-versa.  In Montana, if you do not have health insurance, the state government automatically enrolls you in Medicare.  The bills that rack up you will have to pay back, rest assured, for medical treatments under such.  They can grab your assets and gobble up your bank account, garnishing your wages along the way.

                                           But they can’t touch your home.

Same for the feds, because it is under the Constitutionally-protected laws of the state.

JJ’s advice: If you live in a state that permits this, fill out that Homestead Document ASAP.

 The Homestead Declaration is not to be confused with a Homestead Exemption.  This is completely different, and deals with exemption from property taxes and income and such.  Here is a list of states that offer you the chance to fill out a Homestead Declaration:
“Homestead rights don’t exist under common law, but they have been enacted in at least 27 states: Alabama, Arizona, Arkansas, California, Florida, Georgia, Idaho, Illinois, Kansas, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Vermont, Washington, West Virginia, Wisconsin, and Wyoming. If you own, and live on, property in any of these states, you should definitely take the time to file this important document.”


There you have it, Readers.  Remember, prepping is not just for a natural disaster or a global thermonuclear war.  You must also take care of business in the context of the present time, and this means protecting your assets, finances, and property in a standard, legal context.

JJ’s advice: While we live in a functioning (although dysfunctional) society, you must use all of the tools – business, legal, and social – that you can use to protect you and yours.

Plain and simple, the Homestead Declaration is a way that can help you safeguard your assets and maintain your home while the society is as it is.  Check and see if you are in one of the listed states and do the research to follow the requirements as I listed them for what I did here, in Montana.  States vary, but the procedure is basically the same, with fees varying and maybe some small changes in procedure or residence requirements.  Use this tool if you can, and if you are considering buying property for a retreat, consider one of the aforementioned states that satisfies your survivability requirements.  Should you commit, fill out the Homestead Declaration form, and protect your home: not just when the SHTF, but before, as well.  Keep up that good fight and tell us about your experiences.  We’d love to hear from you.  JJ out!


Jeremiah Johnson is the Nom de plume of a retired Green Beret of the United States Army Special Forces (Airborne). Mr. Johnson was a Special Forces Medic, EMT and ACLS-certified, with comprehensive training in wilderness survival, rescue, and patient-extraction. He is a Certified Master Herbalist and a graduate of the Global College of Natural Medicine of Santa Ana, CA. A graduate of the U.S. Army’s survival course of SERE school (Survival Evasion Resistance Escape), Mr. Johnson also successfully completed the Montana Master Food Preserver Course for home-canning, smoking, and dehydrating foods.

Mr. Johnson dries and tinctures a wide variety of medicinal herbs taken by wild crafting and cultivation, in addition to preserving and canning his own food. An expert in land navigation, survival, mountaineering, and parachuting as trained by the United States Army, Mr. Johnson is an ardent advocate for preparedness, self-sufficiency, and long-term disaster sustainability for families. He and his wife survived Hurricane Katrina and its aftermath. Cross-trained as a Special Forces Engineer, he is an expert in supply, logistics, transport, and long-term storage of perishable materials, having incorporated many of these techniques plus some unique innovations in his own homestead.

Mr. Johnson brings practical, tested experience firmly rooted in formal education to his writings and to our team. He and his wife live in a cabin in the mountains of Western Montana with their three cats.

This information has been made available by Ready Nutrition

Originally published June 8th, 2016
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  • Jay_Sherman

    LOL! They don’t obey the Constitution, but some affidavit from the stationery, yeah….that’ll stop ’em!Wanna see if it works? Try not paying their extortion (“property tax”); try growing an “illegal substance”. Try opposing their “eminent domain”. Just hold up that piece of paper when the goons come charging through the door… yeah, I’m sure that’ll work.

    Nice dream for those who live in a fantasy world. You might want to be more prepared for reality in the present police state. Paper doesn’t work so good…..

  • challengeauthority

    what good is a piece of paper when the badges and the guns are at your doorstep? None. The Contstitution is a useless document written on parchment to appease the masses while they are fleeced.

  • betsyanne

    Well, while there is an argument as to whether or not these pieces of paper will carry any weight in reality, a couple of things I’d like to know: Do you have to actually OWN your property? I mean, does the property have to be paid for entirely? Or does this apply to those of us who have mortgages and will always have mortgages because we won’t LIVE long enough to pay them off (and we bought cheap back in 1999 – it’s not like we live in one of the new $300,000 homes that will be worth $90,000 when you go to sell it).
    AND – – – Does it only apply to properties of a certain size or does it apply even to small parcels of land?
    If they come for your actual property, what’s the best way to “present” this piece of paper and to whom? Will the goons with guns even know what they’re looking at?!
    Should these papers also be filed with an attorney’s office for safekeeping (a copy at least)?
    IF it actually protects folks from having their houses taken away for the price of a medical bill, it will be worth any running around and filing and $$ to do it, no matter which of those States you live in, and hopefully more States will adopt it.

  • Mike in MI

    Can you point me to sources of information on the Obamacare/Medicare “asset grab” you described? Thank you.

  • NikkiEagle

    I guess I’m a little bit surprised at this article. Homestead declaration is something that is a standard document with every real estate closing that happens in Mass; people don’t even have to know about it or ask for it. Is this not the same in other states?

  • susan beaty

    none of links work…….

  • Sonja Woodbury

    can you tell me where to find an Homestead Declaration form for North Carolina. When I click on the article to download the form I get the below message Thank You!, sonja

    “We are very sorry, but there were error(s) found with the form your submitted. These errors appear below.

    The Company you entered do not appear to be valid.

    Please go back and fix these errors.”

  • kookiebella970

    Informative article . BTW , if someone needs a Homestead Declaration , my business filled out and esigned a sample document here

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