Montana: Forcing a Partition Sale of a Co-Owned Home
How to Force a Partition Sale When You Co-Own Real Property in Montana This FAQ-style guide explains how a co-owner can force a partition sale of real property in Montana. It assumes a simple hypothetical: two adult siblings each own a 50% interest in their late father’s house as tenants in common, and one sibling […]
Read article →Defending a Partition Action for an Inherited Home — Montana Guide
How to Defend a Partition Action for an Inherited Home in Montana Short answer: If a co-tenant sues to force the sale of an inherited home, you can defend by responding to the complaint, asserting procedural and equitable defenses, asking the court for partition in kind or a buyout instead of sale, seeking credits for […]
Read article →Montana: What Happens If a Co‑Tenant Takes Out a Home Equity Loan or Refinances an Inherited Property Without My Approval?
What happens if a co-tenant takes out a home equity loan or refinances an inherited property without my approval? Short answer: In Montana, a co‑tenant may be able to mortgage only the undivided share they own, but they generally cannot validly encumber the entire property without other owners’ signatures. A loan or refinance done without […]
Read article →Montana: Remedies When a Co-Owner Sells Property Without Your Consent
Overview If someone who owns property with you (a co-owner) sells the property or transfers their share without your agreement, you have several legal paths you can pursue under Montana law. Which path makes sense depends on whether the sale was lawful, whether fraud or forgery occurred, and whether the buyer is a good-faith purchaser. […]
Read article →How to Buy Out Siblings’ Interests in a Parent’s Property — Montana
Buying Out Siblings’ Interests in a Parent’s Property: A Practical Guide under Montana Law Disclaimer: This is educational information, not legal advice. I am not a lawyer. For decisions that affect your legal rights, consult a licensed Montana attorney. Short answer If you want to keep your late father’s property and buy your siblings’ shares, […]
Read article →Filing a Partition Action or Petition for Sale of Inherited Real Estate in Montana When Some Heirs Are Minors
How Courts Handle Partition or Court-Ordered Sale When Some Heirs Are Minors Disclaimer: This article explains general Montana procedures and is educational only. It is not legal advice. For advice about your specific situation, consult a Montana attorney. Detailed answer — what happens and how to proceed If multiple people inherit a piece of real […]
Read article →How to Force a Sale or Division of Family Land in Montana
Detailed Answer — How partition (division or forced sale) of jointly owned family land works in Montana Short answer: If you and your siblings (and their children) own a parcel as co-owners and you cannot agree on dividing or selling it, Montana law lets a co-owner ask a district court to partition the property. The […]
Read article →How to File a Partition Lawsuit in Montana: Step‑by‑Step Guide
Disclaimer: This is educational information only and not legal advice. For advice about your specific situation, consult a licensed Montana attorney. Detailed Answer — How the Montana partition process works when co‑owners disagree When two or more people jointly own real property in Montana and cannot agree how to divide or use it, any co‑owner […]
Read article →Montana: How to File a Partition Action to Force Sale of an Inherited Interest in Family Land
Quick answer If you own an undivided inherited interest in family land in Montana and a co‑owner refuses to buy you out or to divide the property, you can ask the district court in the county where the land lies to bring a partition action. The court can order a partition in kind (divide the […]
Read article →Montana: Appointing a Commissioner for a Private Sale in a Partition Action
Can I Ask the Court to Appoint a Commissioner to Handle a Private Sale in a Montana Partition Action? Detailed Answer Short answer: Yes — in Montana you can ask the district court handling a partition action to appoint a commissioner (sometimes called a referee or commissioner of sale) to carry out a sale, and […]
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