What to do if the other party only asks the court to sell the house — Montana

Detailed answer — Your options when the other side only asks the court to sell the house (Montana)

Short answer: You can ask the court to set buyout terms, propose a valuation and refinance plan, seek temporary possession or use orders, move for a valuation and distribution procedure, request mediation, or oppose a plain sale and ask the court to order sale terms or a partition. Under Montana law the court divides marital property equitably, and it has discretion to order how real property is divided or sold. See Mont. Code Ann. § 40-4-202 for the basic property-division standard.

Mont. Code Ann. § 40-4-202 directs Montana courts to divide marital property equitably at dissolution. That means a judge must decide a fair distribution based on the evidence — and the judge can order sale, buyout, or some other remedy. If the other side’s pleadings simply ask for a sale without buyout terms, you do not have to accept a one-sided outcome without asking the court to address valuation, timing, costs, and distribution.

Practical steps you can take

1. File a written response and counter-proposal. In your answer or counterclaim, state whether you oppose a bare order to sell. Ask the court to (a) set a process for valuing the home (appraisal), (b) set buyout terms if one spouse wants to keep the house, or (c) set the sale method and how proceeds and costs will be shared.
2. Ask for a court-ordered appraisal or valuation. A neutral appraiser gives the court a clear value. That value forms the basis for a buyout offer or for dividing net proceeds after sale costs and payoff of liens.
3. Propose a buyout formula or refinancing plan. If you want to keep the house, propose how you will buy out the other person’s interest — for example, refinance the mortgage in your name and pay the co-owner a cash sum equal to their share based on the appraisal, minus mortgage payoff and sale costs. Ask the court to approve deadlines and proof of financing.
4. Request temporary (pendente lite) orders. Ask the court for temporary orders for who lives in the house, who pays the mortgage, insurance, property taxes, and utilities while the case is pending. That prevents one party from walking away from bills or letting the property deteriorate.
5. Move for partition or specify sale terms in the decree. If you cannot agree, ask the court to either (a) order a partition and sale with detailed terms (real estate agent listing, minimum bid, broker commission limit, clear payoff procedure), or (b) allow a buyout before sale under set conditions and deadlines so the house doesn’t have to be sold on the open market.
6. Seek mediation or settlement negotiations. Judges often prefer parties settle property issues. Propose mediation focused on valuation and buyout mechanics. Mediation can be faster and less costly than litigation.
7. Preserve evidence and documents. Gather mortgage statements, payoff figures, tax bills, insurance, maintenance costs, and any documents showing separate contributions. Courts consider these when dividing property.
8. Ask for clear distribution language in any decree. If the court orders sale, request the decree specify how closing costs, commissions, lien payoffs, and unpaid taxes get handled and when the sale must occur. If the decree is vague, implementation later can be contentious and costly.
9. Consider timing and taxes. Ask how capital gains treatment and mortgage deductibility might affect each party. While a court will not provide tax advice, it can set a sale date or distribution structure that helps each party plan.

What happens if the court simply orders a sale without buyout terms?

If a court issues a plain order to sell with no buyout mechanics, the typical result is a public or negotiated sale of the property and splitting of net proceeds according to the court’s property-division ruling. That can mean:

• The house goes on the market and sells under ordinary terms (listing, commission, closing).
• Sale costs and mortgage payoffs come off the top; net proceeds split according to the decree or equitable division.
• One party who wanted to keep the home may lose the chance to buy out the other unless the decree preserves a buyout window or right to cure.

Because a bare sale can create extra cost (commissions, timing, moving expenses) and remove control over price, opposing a vague sale order and asking the court to set buyout rules or a clear sale procedure is often wise.

If you want to keep the home: practical buyout options to propose

1. Refinance the mortgage in your name and pay the other party their share based on the appraisal and agreed division.
2. Sign a promissory note to the seller spouse with a lien against the house and a payment schedule, secured by the property until paid off.
3. Buy out with a lump-sum cash payment at closing if you have financing or savings.
4. Agree on a deferred buyout: court orders sale if the buyout does not happen by a deadline (e.g., 90 days after appraisal).

When to talk to an attorney

Ask an attorney if any of these apply to you: you face foreclosure risk, someone will not cooperate on refinancing or payout, the property has complicating liens or third-party interests, or you need help getting temporary orders. A lawyer can draft precise motions, negotiate settlement language that protects your rights, and explain how the court likely will apply Mont. Code Ann. § 40-4-202 to your facts.

Helpful hints

• Make a written proposal for valuation and buyout early. Courts and mediators respond better to concrete plans.
• Order a neutral appraisal as soon as possible. Valuation disputes are the most common barrier to buyouts.
• Ask the court for a deadline for sale or buyout to avoid indefinite limbo.
• Keep paying the mortgage and insurance while the case is active to protect credit and preserve property value.
• Document all payments, repairs, and contributions to the property; this evidence matters for equitable division.
• Consider mediation before asking the court to decide — it can save time and money and let you keep control of buyout terms.
• If you plan to refinance, get prequalification letters and a timeline to present to the court so a judge can set realistic deadlines.

Disclaimer: This is general information about Montana law, not legal advice. I am not a lawyer. For guidance tailored to your situation, consult a licensed Montana attorney.