Partition Actions in Montana | MT Legal Resources | FastCounsel

Montana: What Does "Dismissed with Prejudice" Mean in a Partition Case?

Understanding a "Dismissed with Prejudice" Ruling in a Montana Partition Case Short answer: When a judge dismisses your partition case "with prejudice" in Montana, the court has ended the case permanently on the merits (or as if on the merits). You generally cannot refile the same partition claim between the same parties and over the […]

Read article →

How to Force Sale or Division of Co-Owned Real Property After Divorce in Montana

Options to Force Sale or Division of Real Property You Still Co-Own After Divorce in Montana Detailed answer If you and your former spouse still share legal title to real property after a divorce in Montana, you have several paths to end joint ownership. The right option depends on what the divorce decree said (if […]

Read article →

Montana: How to Sell a Co-Owned Property to Cover Funeral and Property Taxes — FAQ

Detailed answer — selling a co-owned property in Montana to cover funeral and property taxes When you need to sell a co-owned property in Montana to cover funeral costs and past-due property taxes, there are clear steps to follow. This answer explains common legal routes, what to expect, and practical next steps. This is educational […]

Read article →

How to File a Partition Action to Force Sale of a Deceased Parent's House — Montana

When co-owners disagree: how a Montana partition action forces sale of a deceased parent's house Quick answer If the house is owned by more than one person (for example, you and one or more siblings hold title as tenants in common or multiple heirs hold undivided interests), any co-owner may ask a Montana court to […]

Read article →

Montana: How Courts Handle the Sale of Property in a Partition Action

How a Montana Court Oversees the Sale of Property in a Partition Action Disclaimer: This information is educational only and is not legal advice. If you face a partition dispute in Montana, consult a licensed attorney in your area for advice tailored to your situation. Quick overview When two or more people own real property […]

Read article →

Montana: How to Offer to Buy Out Co-Owners in a Partition Case

Buyout Offers to Co-Owners During a Montana Partition Case — Detailed Answer Quick summary: If you want to buy your co-owners out before the court orders a sale, you should determine ownership shares, get an objective value for the property, make a clear written offer showing proof of funds or financing, and either negotiate a […]

Read article →

Montana: What If an Heir Lives in Inherited Property and Refuses to Move or Sell?

What happens if a co‑heir living in inherited Montana property won’t move out or agree to sell? Short answer: In Montana you can file a court action to force a partition of the property or to obtain possession. The court can order the property physically divided (rare for a single home), order a sale and […]

Read article →

Montana: Forcing the Sale of Co-Owned Property When a Co-Owner Refuses Mediation

Can you force a sale of jointly owned property in Montana when a co-owner refuses to mediate? Short answer Yes. If you and another person own real property together in Montana and you cannot agree, you can ask a Montana district court to divide the property or order a sale through a partition action. Courts […]

Read article →

How to Divide or Force Sale of Co-Owned Farmland in Montana

Dividing Co-Owned Farmland and Forcing a Sale under Montana Law This article explains the main legal options and steps when multiple heirs co-own farmland in Montana but cannot agree on how to use, divide, or sell it. It describes what a court can do, non‑court alternatives, practical steps to take, and links to Montana law […]

Read article →

How to File a Property Partition Action in Montana When a Co-Owner Refuses

Detailed Answer This section explains, in clear steps, how to start a partition action in Montana when a co-owner refuses to agree. It assumes you own an interest in real property with one or more co-owners and that informal resolution has failed. Step 1 — Confirm ownership and what you own Get a copy of […]

Read article →