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 often prefer a physical division (partition in kind) when it is practical, but they will order a sale if division is impractical or unfair. Refusal to continue mediation does not block a court action; it may simply mean the judge will decide whether to divide the land or sell it and how to distribute proceeds.

Detailed answer — how this works under Montana law and what to expect

This section explains what a partition action is, how to start one in Montana, what the court can order, and practical steps you should take. This is general information and not legal advice.

What is a partition action?

A partition action is a lawsuit filed in Montana district court by one or more co-owners asking the court to legally divide the property or force its sale and distribute the proceeds. Partition actions resolve ownership disputes when informal negotiation or mediation fails.

Who can bring a partition action?

Any person with an ownership interest in the property (for example, a tenant in common or multiple joint owners without an enforceable buy-sell agreement) can file. If mortgages, liens, or other encumbrances exist, the court will take them into account when dividing proceeds.

How the court decides between partition in kind and partition by sale

The court will examine whether the property can be fairly and practically divided. If the property can be divided geographically and each owner can have a fair share with minimal prejudice, the court may order partition in kind. If a fair physical division cannot be made — for example, when the parcel is small, improved with a single structure, or the division would significantly reduce value — the court may appoint an officer (such as a commissioner) to sell the property and distribute net proceeds among owners according to their ownership shares and any judgments or liens.

Typical procedural steps

1. File a complaint for partition in the Montana district court for the county where the property sits. The complaint names all owners and any lienholders as defendants and explains each party’s interest.
2. Serve the other owners and lienholders with the complaint and summons.
3. Parties exchange evidence (title documents, surveys, appraisals, records of rents/expenses) during discovery or as the court orders.
4. The court may hold status conferences or settlement conferences. If mediation fails or a co-owner refuses further mediation, you may proceed to a hearing on partition.
5. At the hearing, the court decides whether to partition in kind or order a sale. If sale is ordered, the court typically appoints a commissioner or sheriff to advertise and conduct the sale, or it may direct sale through a broker and confirm the sale in court.
6. After sale, the court distributes proceeds, prioritizing valid liens, mortgages, taxes, and paying selling costs before dividing the remainder among owners according to ownership shares and any court-ordered adjustments.

What the court considers

The court considers the character of the property, whether division would be practical, the owners’ respective interests, encumbrances, improvements, and any equitable factors (such as one owner’s wasteful behavior or contribution to improvements). The court can also order accounting for rents, expenses, taxes, and repairs so that net proceeds reflect each owner’s financial contributions and liabilities.

What happens if a co-owner refuses mediation?

Mediation is usually voluntary unless the court ordered it. If a co-owner refuses additional mediation, you still may file or continue with a partition action. A judge will not let one party’s refusal to mediate indefinitely delay a resolution. In some circumstances, refusal to negotiate can be used at hearing to support an equitable remedy (for example, ordering sale instead of an awkward in-kind division).

Practical steps you can take right now

1. Gather title documents: deed, mortgage statements, tax bills, and any written agreements about the property.
2. Collect records of expenses and income: receipts for repairs, property tax records, utilities, and any rental income.
3. Obtain a current appraisal or market analysis so you understand the property’s value and the likely sale proceeds.
4. Talk to a Montana real estate attorney about filing a partition complaint. An attorney can prepare pleadings, identify necessary parties (including lienholders), and estimate costs and timeline.
5. If you plan to file, consider proposing a buyout: offer to buy out the other owner at a fair value. A negotiated buyout can avoid litigation costs.
6. If immediate action is necessary to preserve value (e.g., to stop waste or secure the property), discuss temporary relief with your attorney — the court can sometimes appoint a receiver or order interim protections.

Costs, timeline, and likely outcomes

Costs: expect filing fees, attorney fees, appraisal fees, and sale costs (broker commissions, closing costs). The party who files pays initial court costs but the court can allocate costs and attorney fees between the parties based on equity.

Timeline: a simple partition action can still take months; complicated cases with contested title, multiple lienholders, or appeals can take a year or more.

Outcomes: possible outcomes include a physical division of the land, a court-ordered sale with distribution of proceeds, a court-approved buyout, or dismissal if the plaintiff lacks standing. The court’s goal is an equitable distribution.

When to hire an attorney

Consult an attorney if any of the following apply: the property has significant value; there are mortgages or liens; title is unclear; the co-owner is hostile or refuses mediation; you need an immediate court order to prevent waste or loss of value; or you want guidance on how the sale proceeds will be calculated and distributed.

An attorney can also explore alternatives that may reduce cost and delay, such as structured buyouts, broker-assisted sales with court confirmation, or settlement agreements that include release of claims.

Where to look for Montana statutes and court rules

Montana’s statutes and court information are available online:

• Montana Code Annotated (table of contents and statute search): https://leg.mt.gov/bills/mca_toc/
• Montana Judicial Branch (District Courts and general court information): https://courts.mt.gov/

Use those resources or ask a Montana attorney to point you to the partition statutes and any relevant civil procedure rules that apply to your county and case.

Helpful Hints

• Do not let a co-owner’s refusal to mediate prevent you from protecting your rights. Courts can decide disputes when parties will not cooperate.
• Get a professional appraisal early. An accurate value helps you evaluate buyout offers and predict sale proceeds.
• Keep detailed records of payments, improvements, and expenses. The court may adjust distributions based on contributions and deductions.
• Watch for liens and mortgages — they are paid from sale proceeds before owners receive their shares.
• Consider a targeted negotiation: a structured buyout that pays the other owner over time may be cheaper than litigation.
• If the property produces income (rent), request accounting and equitable adjustment for unpaid rent or expenses when you file.
• Ask whether alternative dispute resolution can be ordered by the court; some judges require a final settlement conference before trial.