Do I get any ownership interest in Montana real property if I am paying the mortgage?
Detailed Answer In Montana, simply paying the mortgage on real property does not automatically grant you any ownership interest. A mortgage is a lien on the property that secures repayment of a debt. The borrower named on the deed holds legal title. The lender holds only a security interest; it does not own the property […]
Read article →What process allows a party to force sale of property through a partition hearing in MT?
Disclaimer: This article provides general legal information under Montana law and is not legal advice. Detailed Answer 1. Initiating a Partition Action In Montana, any co-owner of real property can file a complaint for partition in the district court of the county where the property is located. The statutory basis is § 70-23-202, MCA. The […]
Read article →How Does a Partition Action Work in MT to Resolve a Dispute Among Multiple Owners?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer In Montana, a partition action resolves disputes among co-owners of real property by dividing the property or selling it and distributing the proceeds. Under Mont. Code Ann. § 25-23-101 et seq. (Partition Statutes), any owner with an undivided interest […]
Read article →How do existing mortgage obligations affect the sale and division of proceeds in a partition? – MT
Detailed Answer In Montana, a partition action forces the sale or division of co-owned real property under the Montana Partition Act (Mont. Code Ann. § 70-21-101 et seq.). When the court orders a sale, it follows a set process to address existing mortgage liens. Mont. Code Ann. § 70-21-309 requires the court to pay sale […]
Read article →What legal options exist if co-owners cannot agree on sale logistics or cost sharing in Montana?
Detailed Answer When co-owners of real estate in Montana cannot agree on how to sell the property or share related costs, state law offers a clear path: a partition action. Under Mont. Code Ann. §§ 70-17-101 to 70-17-406, any joint owner may petition the district court for a partition. The court has two primary remedies: […]
Read article →Can I partition jointly owned property after separation but before divorce in MT?
Understanding Property Partition After Separation in Montana Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney for guidance tailored to your situation. Detailed Answer In Montana, a spouse may think about partitioning real property they own jointly after separating but before the divorce is final. Two key […]
Read article →What Steps Are Required to Schedule a Hearing in a Partition Action in Montana After Service and the Response Period Has Ended?
Detailed Answer Once all respondents in a Montana partition action have been served and the 21-day response period has expired (Mont. R. Civ. P. 12(a)), you must take the following steps to schedule a hearing: Verify Service and Response Deadlines Confirm that each defendant was served properly under Mont. Code Ann. § 70-29-104 (70-29-104) and […]
Read article →What steps are required to file a court petition to partition land owned by multiple relatives in Montana?
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. Establish entitlement to partition Verify co-ownership and your interest in the land. […]
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