Detailed Answer

This section explains, in clear steps, how to start a partition action in Montana when a co-owner refuses to agree. It assumes you own an interest in real property with one or more co-owners and that informal resolution has failed.

Step 1 — Confirm ownership and what you own

Get a copy of the deed(s) showing the names of all owners and the precise legal description of the property.
Check for mortgages, liens, leases, or other encumbrances that affect the property. These will affect how proceeds are distributed.
Determine each party’s ownership share (joint tenants, tenants in common, percentages, etc.).

Step 2 — Try negotiation or mediation first

Court action is costly and can take many months. Offer a buyout, ask a neutral mediator to help, or propose selling the property and splitting proceeds. Mediation can be required or encouraged by courts and often resolves matters faster and cheaper.

Step 3 — Prepare and file a partition complaint in the proper court

File a civil complaint for partition in the Montana district court in the county where the property is located. District court handles real property disputes and partition actions.
The complaint should: identify the property by legal description; name all record owners and any parties with an interest (mortgagees, lienholders, tenants, unknown heirs if applicable); state each owner’s claimed share; and ask the court to order partition in kind or, if in-kind division is not practical, partition by sale and division of proceeds.
Include a request for appointment of a commissioner or master to carry out the physical partition or sale. Many courts appoint someone to handle valuation, sale, and distribution.

Step 4 — Service of process and notifying interested parties

After filing, you must serve the complaint and summons on all co-owners and any known lienholders or claimants. If someone’s identity or whereabouts are unknown, the court may allow substituted service or publication under Montana civil procedure rules.

Step 5 — Preliminary court steps and possible temporary orders

The defendant co-owner may answer or counterclaim. If they ignore the suit, you can seek default judgment on appropriate claims.
You can ask the court for temporary relief (e.g., an injunction preventing waste or unauthorized sale, or an order for accounting of rents and profits) while the case proceeds.

Step 6 — Discovery, valuation, and hearing

Parties exchange information (title documents, appraisal reports, leases, expense records). The court may order appraisals or appoint a commissioner to evaluate the property and determine whether physical division (partition in kind) is practicable.

Step 7 — Court ordered partition in kind or sale

The court will order either:

Partition in kind — dividing the land into separate parcels proportionate to each owner’s interest, if feasible without impairing value; or
Partition by sale — selling the property (often at public auction or private sale supervised by the court) and dividing net proceeds among owners after paying liens, mortgages, costs, and court-ordered expenses.

Step 8 — Distribution and closing the case

After sale or division, the court (or court-appointed official) distributes funds according to ownership shares, after paying outstanding mortgages, liens, taxes, and costs. The court issues a final order or decree closing the case.

Practical considerations under Montana law

Venue: File in district court in the county where the property is located.
Title and liens: Mortgages and recorded liens are paid from sale proceeds in order of priority.
Costs and fees: Each party typically pays their attorney fees, unless a statute or court order awards fees. Court costs and costs of sale are normally taken from sale proceeds.
Timeframe: Partition cases can take many months to over a year depending on complexity, discovery, and whether the parties settle.

Relevant Montana law and resources

Montana’s rules and statutes governing property and civil procedure apply to partition actions. For general statutory text and titles related to real property, start with the Montana Code:

Montana Code — Title 70 (Real Property): https://leg.mt.gov/bills/mca/title_0700/
Montana Courts — rules and self-help resources: https://courts.mt.gov/ and https://courts.mt.gov/selfhelp
Montana Rules of Civil Procedure (service, pleadings, and procedure): https://courts.mt.gov/rules
Montana State Bar — find a lawyer or referral: https://www.montanabar.org/

Because statutes and local procedures change, check the Montana Code and local district court rules for current specifics before filing.

When to hire an attorney

Consider hiring an attorney if the issues include complex title questions, multiple lienholders, disputes over ownership shares, contested valuations, or if you need a temporary injunction. An attorney helps prepare pleadings, serve parties, manage discovery, and advocate at hearings.

Helpful Hints

Gather documents early: deeds, mortgage statements, recent property tax bills, leases, insurance policies, surveys, and receipts for maintenance or improvements.
Get a current title report or run a chain-of-title search to find all record interest holders.
Obtain at least one independent appraisal to support valuation if you expect a sale or buyout demand.
Consider mediation before filing — courts often encourage settlement and mediation can save money and time.
If you intend to continue living on the property or collecting rent during litigation, ask the court for an accounting of rents and an order protecting your interests.
Keep careful records of expenses, repairs, and payments related to the property; the court may award reimbursement from sale proceeds.
Make sure all parties are correctly named in the complaint, including lenders or other lienholders; failing to name a necessary party can delay the case.
Check local district court filing fees and service rules — fees vary by county.

Disclaimer: This content is informational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Montana attorney.