Detailed Answer
Under Montana law, any co-owner of real property may seek a judicial partition when relatives hold land as tenants in common or joint tenants. Partition divides the property fairly—either in kind (physical division) or by sale with proceeds divided among owners.
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Establish entitlement to partition
Verify co-ownership and your interest in the land. Montana Code Annotated § 25-9-101 defines who may petition. Mont. Code Ann. § 25-9-101. -
Prepare and file the petition
Draft a petition in the district court of the county where the land lies. Include a legal description, the names and addresses of all co-owners, and prayer for partition. Follow Mont. Code Ann. § 25-9-102. Mont. Code Ann. § 25-9-102. -
Serve summons and petition
Serve each co-owner with the petition and summons according to Rule 4 of the Montana Rules of Civil Procedure. Mont. Code Ann. § 25-9-103 requires proper service. Mont. Code Ann. § 25-9-103. -
Allow for intervention
Nonpetitioning co-owners and lienholders may intervene. Mont. Code Ann. § 25-9-104 governs intervention timelines and procedures. Mont. Code Ann. § 25-9-104. -
Request appointment of commissioners or appraisers
The court may appoint disinterested commissioners to value or divide the property. The process appears in Mont. Code Ann. § 25-9-105. Mont. Code Ann. § 25-9-105. -
Partition in kind or by sale
If the land can’t be physically divided equitably, the court orders a sale. Net proceeds then distribute proportionally. See Mont. Code Ann. § 25-9-107. Mont. Code Ann. § 25-9-107. -
Distribute proceeds or titles
After sale or division, the court issues a decree transferring titles or directing disbursement of sale proceeds. Mont. Code Ann. § 25-9-109 outlines final steps. Mont. Code Ann. § 25-9-109. -
File decree with county clerk
Record the final decree or deed with the county clerk and recorder to update land records.
Helpful Hints
- Review deeds and title reports before filing.
- Attempt mediation or agreement before petitioning.
- Obtain a current boundary survey to aid in-kind division.
- Serve co-owners by certified mail or sheriff’s deputy.
- Track deadlines: co-owners have 20 days to respond after service.
- Consider hiring a land surveyor or real property attorney.
- Keep detailed records of appraisals and costs for court review.
Disclaimer: This article provides general information about Montana partition actions. It does not constitute legal advice. Consult a licensed Montana attorney for guidance tailored to your situation.