Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Montana, a partition action resolves disputes among co-owners of real property by dividing the property or selling it and distributing the proceeds. Under Mont. Code Ann. § 25-23-101 et seq. (Partition Statutes), any owner with an undivided interest may initiate this process in district court.
The process begins when one co-owner files a complaint naming all owners and describing the property. The court reviews the filing for jurisdiction and standing. If the court proceeds, it determines whether a partition in kind is feasible. A partition in kind divides the land into separate tracts approximating each owner’s share. If fair division is not practical, the court orders a partition by sale.
In a partition by sale, the court appoints a commissioner or referee to oversee the sale, often at public auction (§ 25-23-202, Commissioner Procedures). After deducting costs, liens, and fees, the net proceeds distribute to owners based on ownership percentages. The court then issues a decree finalizing the distribution and clearing title to the purchaser or the divided tracts.
For example, if three siblings co-own a cabin and one wants to sell while the others prefer to keep it, any sibling may file a partition action. The court may divide the property if possible or sell the cabin and distribute the proceeds in one-third shares after expenses.
Helpful Hints
- Consider mediation or arbitration before filing to reduce costs and preserve relationships.
- Obtain a professional appraisal to support a fair division or accurate sale price.
- Review all liens and mortgages; outstanding obligations must be paid before distribution.
- Prepare for court costs and potential attorney fees in your budget.
- Explore alternative solutions, such as a buyout agreement or co-ownership restructuring.