Montana: Guardian ad Litem for Unknown or Unlocatable Heirs in a Partition Action
Overview This page explains how Montana courts protect the interests of missing, unknown, or unlocatable heirs when property is divided or sold in a partition case. It describes how a court may appoint someone to represent those absent owners, what procedures are commonly used, and practical steps you can take if you are bringing or […]
Read article →Montana: How to Start a Partition Lawsuit to Divide Inherited Land
Understanding Partition Actions for Inherited Land under Montana Law Quick answer: If your relatives refuse to agree to divide inherited land, you can ask a Montana district court to force a partition (division or sale). You start by confirming ownership, making a written demand, and, if that fails, filing a complaint for partition in the […]
Read article →Montana: Documents and Information to Give Your Lawyer to Start a Partition Case
What to Give a Lawyer to Open a Partition Case in Montana Disclaimer: This is general information, not legal advice. Consult a licensed Montana attorney for advice about your specific situation. Short answer To begin a partition action in Montana, your lawyer will need proof of ownership, documentation that shows who the co-owners are and […]
Read article →Montana: Steps to Divide or Force Sale of Co-Owned Farmland
Dividing or Forcing Sale of Co-Owned Farmland in Montana Disclaimer: This is general information, not legal advice. Consult a Montana attorney about your specific situation. Detailed Answer — What typically happens and what Montana law allows This section explains the common steps when co-owners of farmland wish to split the land or force a sale […]
Read article →How can I get my share of the net proceeds after the partition sale of a co-owned house? (MT)
Getting Your Share of Net Proceeds After a Partition Sale in Montana Not legal advice: This article explains how partition sales and distributions typically work in Montana and what steps you can take to get your share. It is educational only. For advice about your particular case, consult a Montana attorney. Detailed Answer — How […]
Read article →What are my options for avoiding a costly court-ordered partition in Montana (MT) while still getting paid my full share?
Detailed Answer — How to avoid a costly court-ordered partition in Montana When co-owners of real property can’t agree, one owner can ask a court to force a partition. In Montana a court can divide the land physically (partition in kind) or order a sale and split the proceeds (partition by sale). See Montana Code […]
Read article →How will the sale proceeds be divided among co-owners after the property is sold in a partition? — MT
Detailed Answer How proceeds are divided when a court orders a partition sale in Montana When a Montana court orders a partition by sale because the land cannot be fairly divided in kind, the money from the sale is distributed according to a set order of priorities and the relative ownership interests of the co-owners. […]
Read article →How can I file a partition-for-sale suit in MT when a minority of the siblings won’t agree to sell our inherited land?
Detailed Answer — How to file a partition-for-sale action in Montana when some heirs refuse to sell Short answer: In Montana you (one or more co-owners) can ask the district court to force a partition of jointly owned real estate. If the court finds a physical division (partition in kind) is impractical or would be […]
Read article →Who should be listed as petitioners on the partition lawsuit in Montana (MT)?
Detailed Answer This FAQ explains who should be listed as petitioners on a partition lawsuit in Montana. It assumes no prior legal knowledge and uses plain language. This is educational only and not legal advice. What is a partition lawsuit? A partition lawsuit asks the court to divide or sell real property when co-owners cannot […]
Read article →What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? (MT)
Disclaimer: I am not a lawyer. This information is educational only and is not legal advice. For guidance about your specific situation, consult a licensed Montana attorney. Detailed Answer: Filing a Partition Action in Montana After Mediation Fails If mediation about jointly owned land fails, the usual next step is to file a partition action […]
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