What happens if someone is squatting in your property before it’s sold — and how to get them removed (Montana)

Short answer: In Montana you generally cannot remove a squatter by self-help. Owners (or buyers who hold title) must use the legal process: contact police for crimes or immediate danger, serve notices where required, and file a forcible entry and detainer (eviction) or other civil action to get a court-issued writ of possession enforced by the sheriff. Criminal trespass laws and adverse-possession rules can also affect the situation, so act quickly and preserve evidence. This is general information — not legal advice.

How to tell whether someone is a squatter, a tenant, or a lawful occupant

Before taking steps, identify the occupant’s status. That determines which procedures apply.

• No agreement, unexplained presence: Usually a squatter — someone living there without permission.
• Verbal or written lease: Likely a tenant — landlord-tenant rules and eviction process apply.
• Title or deed holder: If the occupant claims ownership, you may need a title- or quiet-title action to clear rights.

Immediate steps to take (day 1)

• Do not attempt a lockout, remove belongings, cut utilities, or use force. Montana law and court precedent restrict self-help and such actions can expose you to liability.
• If the occupant is committing a crime (breaking in, threatening violence, damaging property), call law enforcement right away.
• Document everything: photos showing date/time, notes about what the squatter says, witness names, messages, and any written communications. Keep copies of title documents, sale contract, and communications with buyer or realtor.
• Contact your title insurer (if there’s title insurance) and the closing agent or buyer’s attorney to let them know the situation — a pending sale may be delayed until possession is cleared.

Legal routes to remove a squatter in Montana

Two parallel legal paths commonly apply:

1) Criminal trespass and police involvement

Montana criminal statutes prohibit unauthorized entry or remaining on another’s property under certain circumstances. If the occupant refuses to leave after being told to do so and the situation involves criminal conduct, law enforcement can sometimes arrest or cite the squatter for trespass. See Montana statutes on offenses against property (Montana Code Annotated, Title 45, Chapter 6): https://leg.mt.gov/bills/mca/title_0450/. Criminal remedies are fact-specific and not guaranteed — police may treat the matter as civil if it looks like a landlord-tenant dispute.

2) Civil eviction / forcible entry and detainer (FE&D)

Owners (or someone with legal title) usually must file a civil action — commonly called forcible entry and detainer, summary eviction, or unlawful detainer — in the appropriate Montana court to regain possession. If the court rules in your favor, it will issue an order (writ of possession) that the sheriff enforces. Attempting to evict someone without a court order (changing locks, removing belongings) risks criminal and civil penalties.

Montana’s statutes and procedures for forcible entry and detainer are in the Montana Code on property and civil actions; refer to the Montana Code Annotated, Title 70 (Property) and the court rules and local courthouse for exact forms and timelines: https://leg.mt.gov/bills/mca/title_0700/. For court assistance and local filing procedures, see the Montana Judicial Branch: https://courts.mt.gov/.

What a typical civil removal process looks like

1. Owner (or title-holder) files a possession action in the correct court — small claims, justice, or district court depending on county rules and value.
2. The occupant is served with the complaint and given an opportunity to appear and defend.
3. The court holds a hearing. If the owner proves right to possession, the court issues a judgment and a writ of possession.
4. The county sheriff executes the writ and physically removes the occupant and their belongings, if necessary.
5. After the sheriff’s removal, the owner must lawfully secure the property and may need to store or dispose of personal property under Montana law and local rules.

Special issues for sellers and buyers during a pending sale

• If you are the seller: disclose the presence of occupants to the buyer and closing agent. You remain responsible for getting clear possession at closing unless the contract states otherwise.
• If you are the buyer: insist on clear title and possession in your purchase contract. Consider escrow holdbacks, delays to closing, or requiring the seller to remove occupants before closing.
• Title insurers sometimes exclude adverse-possession claims or require specific proceedings; notify your insurer early.

Adverse possession (when a squatter might claim ownership)

Squatters sometimes try to claim ownership through adverse possession. Montana law sets rules and timelines for adverse possession and related statutes of limitations. If a squatter asserts ownership, you may need a quiet-title action to clear the title. For statute language and requirements, review the Montana Code on property and limitation periods: https://leg.mt.gov/bills/mca/title_0700/ and https://leg.mt.gov/bills/mca/title_0270/ (civil actions/limitations).

Practical tips and timelines

• Act quickly. The longer an occupant stays, the more complicated removal and potential adverse-possession or tenancy defenses can become.
• Do not use self-help eviction methods (changing locks, removing utilities, throwing belongings out) — these are risky and often illegal.
• Use certified mail and written notices when communicating. Keep receipts and copies.
• Hire a local real estate or eviction attorney early, especially if the occupant claims tenancy or ownership, or if there are safety concerns.
• Coordinate with the county sheriff for service and enforcement of court orders — sheriff enforcement is typically required for physical removal.
• Keep the buyer, title company, and lender informed if a sale is pending — they will need to know about delays and potential title issues.

Helpful links (Montana)

• Montana Code Annotated — Title 70 (Property): https://leg.mt.gov/bills/mca/title_0700/
• Montana Code Annotated — Title 45 (Offenses Against Property): https://leg.mt.gov/bills/mca/title_0450/
• Montana Judicial Branch (court information and self-help resources): https://courts.mt.gov/

When to get a lawyer

Consult a Montana real property attorney if any of the following apply:

• The occupant claims tenancy or ownership.
• There is a potential adverse-possession claim.
• Violence, threats, or criminal activity are involved.
• There is a pending sale and the buyer, lender, or title company is threatening to walk away.

Final note / disclaimer: This article explains general Montana procedures for dealing with unauthorized occupants (squatters). It is informational only and is not legal advice. Laws change and facts matter. For advice about a specific property, contact a licensed Montana attorney or your local county court.