Options for forcing the sale of an inherited Montana parcel when a co‑owner refuses to list

Summary: If multiple people inherit an interest in a Montana parcel and one co‑owner refuses to cooperate in marketing or selling the property, the other co‑owners commonly have a legal remedy: a court action called a partition (for co‑owners) or an estate administration step if the decedent’s estate still controls title. A judge can order the property physically divided or sold and the proceeds distributed.

Detailed Answer — legal process and practical steps under Montana law

1. Confirm how title is held

First, determine how the property is owned. Look at the deed and any will or probate filings. Common situations include:

Tenants in common: each owner has a divisible share that can be sold or partitioned.
Joint tenants with right of survivorship: the surviving joint tenant(s) usually receive full title automatically and there is no co‑owner right to a partition against a surviving joint tenant.
Estate still owns the property (decedent’s name only): the executor or personal representative may need to administer the property through probate before sale.

If title is unclear, request a copy of the deed from the county clerk and recorder or run a title search. If the property is still in the decedent’s name and no personal representative has been appointed, a probate opening may be necessary to create authority to sell.

2. Partition actions — the usual court remedy for unwilling co‑owners

When two or more people own undivided interests (for example, heirs as tenants in common) and they cannot agree whether to sell, Montana law allows co‑owners to file a partition action in district court. The court has authority to order either:

Physical partition — dividing the land into separately owned parcels if that division is practical and fair; or
Partition by sale — ordering the property sold and the net sale proceeds divided among the co‑owners according to their ownership shares.

Court‑ordered sales typically involve appointment of a commissioner or a court‑approved method for selling the property (often a public auction or a court‑approved broker sale) and then distribution of proceeds after liens, expenses, and costs are paid.

Practical notes about partition actions:

A partition action can be contested and takes time — months to over a year depending on complexity, notice requirements, and court schedules.
The court can award costs and attorney fees in certain circumstances, which can reduce each owner’s net recovery.
If the property has mortgages or liens, those must be paid at sale, so a co‑owner seeking to force a sale should be prepared for reductions in net proceeds.

3. When the property is part of an open probate

If the parcel is still owned by the decedent’s estate (title not yet transferred), the executor or personal representative generally has the duty and authority to manage estate assets, which can include selling real property under probate rules. In many estates, selling property requires court approval or following authority granted in the will. If a relative refuses to cooperate and the estate administration is stalled, an interested person can ask the probate court to compel action or remove a personal representative who is not performing duties.

4. Alternatives to a court partition

Buyout: one or more co‑owners can offer to buy out the refusing co‑owner’s share at a negotiated price or at fair market value (often via appraisal).
Mediation or family settlement: neutral mediation can produce a faster, lower‑cost agreement than litigation.
Voluntary listing with protections: propose listing the property with an agreement that any offer must be presented to all owners and that proceeds will be split per ownership shares.

5. Steps to take now

Obtain a current deed and title report from the county records.
Confirm whether a probate estate exists and who the personal representative is.
Calculate ownership shares (deed language, will, or intestacy laws decide this).
Attempt negotiation or mediation focused on buyout, listing, or sale terms.
If negotiation fails, consult a Montana attorney about filing a partition action or seeking probate court relief.

6. Timing, costs, and practical risk

Court actions cost money (filing fees, service, attorneys’ fees) and can reduce net proceeds. They can also strain family relationships. But when a co‑owner refuses to sell or cooperate, partition actions are an established legal route to force sale and distribution.

7. Where to read Montana law and resources

Montana statutes and court rules relevant to property, probate, and civil procedure are published by the Montana Legislature and the Montana Judicial Branch. For general statutory text and chapter listings see the Montana Code Annotated (MCA) table of contents at the Montana Legislature website: https://leg.mt.gov/bills/mca_toc/. For practical forms and court self‑help resources, see the Montana Judicial Branch website: https://courts.mt.gov/.

Helpful Hints

Do not wait to gather documents: get deeds, wills, death certificates, mortgage statements, and the tax parcel ID now.
Confirm ownership type on the recorded deed — tenants in common vs. joint tenancy makes a major legal difference.
Get a market appraisal early if you are considering a buyout or need an estimate for settlement negotiations.
Consider mediation before filing court papers — it often saves money and preserves relationships.
If you sue, be ready for the court to require an accounting of expenses, liens, and contributions to the property by each owner before dividing proceeds.
Ask about insurance, property taxes, and maintenance — unresolved bills can complicate sale proceeds and title transfer.
Keep records of communications and offers; courts review good‑faith negotiation efforts when deciding costs or relief.
Consult a Montana attorney for tailored advice and to confirm the right court procedure and documents for your situation.

Disclaimer: This article explains general Montana legal concepts and common procedures. It is not legal advice, does not create an attorney‑client relationship, and may not address special facts or recent changes in the law. For advice about your specific situation, consult a licensed Montana attorney.