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 partition the property. The court will try to divide the land physically (partition in kind). If that is impractical, the court will order a sale and divide the proceeds after paying liens and costs. If the house is still owned by your late father’s estate, you may first need to complete probate so the estate or the heirs hold legal title before a co-owner can bring a partition action.

Detailed answer — step by step under Montana law

1. Confirm who currently owns the property

Start with a title check at the county clerk and recorder’s office where the property is located. Look for the deed, recent transfers, mortgages, liens, easements, and whether the deed named joint tenants (with right of survivorship) or tenants in common. If your father owned the property alone and left no survivorship deed, the property likely passed to his estate and will be controlled by probate. Montana’s probate rules and intestacy law control how estate property is transferred to heirs (see the Montana Code at the Legislature’s site: https://leg.mt.gov/bills/mca_toc/ and the probate provisions referenced there).

2. Who may file a partition action?

Any person who owns an undivided interest in real property may file. That includes co-owners who inherited an interest or received it by deed. If the property is still in the estate, the personal representative (executor/administrator) or an heir who has received title after probate can sue. Lienholders and mortgagees are necessary parties if they hold recorded liens against the property.

3. Consider whether probate is required first

If title did not automatically pass (for example, the deed did not name a surviving joint tenant or transfer-on-death beneficiary), the estate will usually own the house until probate distributes it. You cannot force a partition of property owned by the estate unless the estate has conveyed interests to the heirs or the personal representative brings the action on behalf of the estate. Review Montana’s probate rules (Montana Code Annotated) or consult the Montana courts’ resources: https://courts.mt.gov/.

4. Practical pre-filing steps

• Gather title documents: deed, mortgage statements, tax bills, and any wills or probate filings.
• Obtain a certified copy of the decedent’s death certificate and any probate filings if already opened.
• Identify all co-owners and lienholders by name and address.
• Try negotiation or mediation: a buyout or sale by agreement avoids court costs and delay.

5. Filing the partition complaint

File a partition complaint in the proper Montana court (usually District Court for real property disputes). The complaint generally must:

• Name all owners and anyone with a recorded interest.
• Describe the property with the legal description from the deed.
• State each party’s claimed interest and the relief requested (partition in kind or sale).
• Ask the court to appoint a commissioner or referee to carry out the division or sale and to order distribution of proceeds after paying liens and costs.

6. Service, joinder, and response

All necessary parties must be served with the complaint. Interested parties can answer, assert claims (for example, lien priorities), or negotiate. If someone cannot be found, Montana civil-procedure rules permit substituted service or publication in limited circumstances.

7. Court decision: partition in kind vs. sale

The court prefers partition in kind (physically dividing the property) when it is just and practicable. If physical division would materially diminish value or be impractical for a single-family home, the court will order a sale. The court often appoints a commissioner to oversee the partition or move forward with sale procedures and may set terms for public auction or private sale.

8. Sale, payment of liens, and distribution

When the court orders a sale, proceeds pay recorded liens, real estate taxes, costs of sale, and court costs. The remaining balance is divided among the owners according to their ownership shares. If one co-owner contributed to improvements or paid mortgage/taxes, the court may consider equitable adjustments when dividing proceeds.

9. Timeline and costs

Partition actions can take many months to over a year, depending on complexity, whether probate is required, contested issues, and court schedules. Costs include filing fees, service fees, appraiser and commissioner fees, and attorney fees if you hire counsel. Courts sometimes award costs and attorney fees in limited circumstances.

10. Alternatives to court

Before suing, consider these options:

• Buyout: one owner buys the others’ shares using an appraisal to set price.
• Voluntary sale: owners agree to sell on the open market and split net proceeds.
• Mediation: neutral mediator can help negotiate a settlement without litigation.

Resources and where to learn more

• Montana Code and statutes: https://leg.mt.gov/bills/mca_toc/
• Montana Judicial Branch (courts, forms, self-help resources): https://courts.mt.gov/
• County clerk and recorder or assessor’s offices — to pull deed and tax records for the property (local county websites).

Helpful hints

• Do a title search early. Know exactly who the recorded owners and lienholders are before you act.
• If the decedent’s estate is open, ask the personal representative whether the estate will convey the property or whether heirs have received title—this affects who must bring the action.
• Get a professional appraisal. Courts rely on appraisals to determine fair division or sale price.
• Collect documentation of payments you made (mortgage, taxes, improvements); courts may adjust distributions for contributions.
• Try to resolve matters with co-owners first. Buyouts and negotiated sales save time and money.
• Consider mediation early. Montana courts and many local bar associations offer mediation services that are faster and cheaper than litigation.
• Talk to an attorney experienced in Montana real estate and probate matters. They can confirm whether probate is required, prepare pleadings, and protect your financial interest.
• Keep an eye on deadlines. Montana’s civil procedure rules and local court rules set filing and service deadlines and specific form requirements.