Detailed answer

If you and your former spouse still share legal title to real property after a divorce in Montana, you have several paths to end joint ownership. The right option depends on what the divorce decree said (if anything), how title is held, whether there are mortgages or liens, and whether you can negotiate a voluntary resolution. Below are the main options and how they typically work under Montana law:

1) Review the divorce decree and any property settlement

First, read your divorce judgment, property settlement agreement, or separation agreement carefully. If the court ordered one spouse to receive the property or required a sale, but title wasn’t transferred or the order wasn’t followed, you can ask the same divorce court to enforce its judgment (for example, by an order of specific performance or contempt). Enforcement remedies come from Montana family/dissolution law and general civil enforcement procedures; begin by trying to enforce the divorce judgment before filing a new suit.

2) Negotiate a buyout or deed transfer

The quickest, least costly resolution is a voluntary settlement: one co-owner buys out the other and the seller executes a deed transferring full title, or the owners sign an agreement for sale and a short-term financing arrangement. Because this avoids court costs and delays, attempt a negotiated buyout first. If a mortgage exists, the buyer must address the lender’s requirements (refinance or assume the loan, if allowed).

3) File a partition action in Montana district court

If negotiation fails and the parties own the property as co-owners (commonly tenants in common), you can file a partition action in the Montana District Court where the property is located. A partition action asks the court to divide the property physically (partition in kind) when practicable or, if dividing in kind is impractical or inequitable, order a sale and divide the proceeds among the co-owners according to ownership shares.

A partition action is an adversary civil lawsuit. The judge will consider whether physical division is feasible. If the court orders sale, it will typically appoint a commissioner or direct a sheriff’s sale and then distribute net sale proceeds after paying liens, taxes, and sale costs.

Montana statutes and civil procedure govern how to start and run a partition case. For Montana statutory provisions and code organization, see the Montana Code Annotated resource: Montana Code Annotated (MCA). For court filing and procedures, consult the Montana Judicial Branch.

4) Seek a declaratory judgment or quiet-title action if title is disputed

If the co-owner claims a different ownership interest or there is a cloud on title (e.g., competing deeds), you can file an action to quiet title or for a declaratory judgment to establish ownership rights and then pursue partition or enforcement based on that determination.

5) Enforce liens, mortgages, or creditor remedies (if applicable)

If one co-owner has defaulted on a mortgage, the lender can foreclose. If a creditor has a judgment lien against the property, a judicial sale may occur to satisfy debts. These remedies differ from partition but may result in the property being sold. Talk with an attorney to understand how liens and mortgages affect any partition or sale.

6) Consider alternative dispute resolution

Mediation or arbitration can resolve ownership disputes and create enforceable agreements (court-ordered or incorporated into a divorce decree). ADR is usually faster and cheaper than litigation and keeps control in the parties’ hands.

How the process typically runs (practical steps)

1. Confirm how title is held (deed language: tenants in common vs. joint tenancy vs. community property—note: Montana is not a community property state; determine the exact ownership words on the deed).
2. Check the divorce decree and any recorded settlement agreement. If the decree awards the property to one person, try enforcement through the family court.
3. Try to negotiate a buyout, deed transfer, or sale. Put agreements in writing and record deeds to change title.
4. If negotiation fails, consult a Montana attorney about a partition suit or enforcement action. An attorney can draft and file the complaint, represent you in hearings, and help protect your share.
5. If you file a partition action, be prepared for appraisal, potential physical division analysis, sale processes, liens resolution, and attorney and court costs that reduce net proceeds.

Who pays costs, mortgages, and taxes while co-owners litigate?

Generally, each co-owner remains responsible for mortgages, property taxes, and maintenance in proportion to ownership or per any agreement. In a partition or sale, the court will usually pay outstanding liens and costs from sale proceeds before distributing net proceeds. Be cautious: prolonged litigation and sale costs can significantly reduce what each owner receives.

Timeframe and likely outcomes

Negotiation or enforcement of a divorce decree can be short (weeks to a few months). Partition litigation often takes several months to a year or more depending on complexity, appraisals, lien resolution, and court schedules. Outcomes commonly are (a) one owner buys the other out, (b) the property is physically divided where feasible, or (c) the property is sold and proceeds divided.

When to contact a lawyer

Speak with a Montana attorney if any of the following apply:

• The divorce decree included a property award that hasn’t been implemented.
• Title is disputed, or the deed language is unclear.
• There are mortgages, liens, tax problems, or creditor claims on the property.
• You want to file a partition action or need help negotiating a buyout.

To find statutes and procedural rules relevant to divorce, property division, and civil actions (including partition), review the Montana Code Annotated at the Montana Legislature’s website: https://leg.mt.gov/bills/mca/. For court procedures and forms, consult the Montana Judicial Branch: https://courts.mt.gov/.

Disclaimer: This article explains general Montana legal concepts and options. It is educational only and not legal advice. For advice about your specific situation, consult a licensed Montana attorney.

Helpful Hints

• Find and keep these documents handy before speaking with an attorney: the deed(s), divorce decree/property settlement, mortgage statements, tax bills, and any agreement or correspondence about the house.
• Verify how title is held by reading the deed recorded at the county clerk and recorder’s office. The wording (“tenants in common” vs. “joint tenants”) matters.
• If the divorce decree awarded the home to one spouse, try enforcement through the divorce court first — it can be faster and less expensive than a new lawsuit.
• Consider whether you can refinance the mortgage or have the other co-owner refinance you out; lenders often require creditworthiness and documentation of release of sale proceeds.
• Expect sale costs (commissions, closing costs, liens, taxes) to reduce the amount each owner receives after a forced sale.
• Ask about temporary orders for possession or payment of mortgage/taxes if co-owners are in conflict while a case proceeds.
• Use mediation as a first formal step — courts often require or favor settlement attempts before lengthy litigation.
• Get multiple appraisals if you’re negotiating a buyout to ensure you receive or pay a fair price.
• Keep records of all payments you make on the property (mortgage, taxes, repairs) — these records can affect allocations in court.