Short answer

To begin a partition action in Montana, your lawyer will need proof of ownership, documentation that shows who the co-owners are and their interests, and any records that describe the property, encumbrances, and use. The more complete and organized your records, the faster the attorney can assess whether partition by division or partition by sale is appropriate and can prepare the complaint and supporting exhibits.

Detailed answer — key documents and information your attorney will want

This section lists the documents most often required in Montana partition cases and explains why each matters. You don’t need every item to start, but collecting these will save time and reduce legal costs.

1. Proof of title and ownership

• Recorded deed(s) that show your name and the co-owners’ names (quitclaim, warranty deeds, etc.). If you have a chain of title or title abstract, include it.
• Title insurance policy or title commitment (if one exists).
• If the property came through a will or trust, include the will, trust documents, and probate paperwork.

2. Legal description and property identification

• The legal description from the deed (not just the street address).
• Parcel number(s) and current tax assessor records.
• Plat maps, lot maps, or surveys. A recent boundary survey is especially helpful.

3. Documents showing each co-owner’s interest and status

• Any written agreement among owners about use, maintenance, or buyouts.
• Records that show how ownership is held (tenants in common, joint tenancy, community property, etc.).
• Contact information for all co-owners, including last known addresses, phone numbers, and emails.

4. Encumbrances and financial documents

• Mortgage documents, lien filings, and payoff statements.
• Judgments or tax liens affecting the property.
• Recent property tax bills and payment records.

5. Use, possession, and improvement evidence

• Leases (residential or commercial) and rental agreements in effect.
• Receipts, invoices, or contracts for major improvements and repairs.
• Insurance policies covering the property.
• Photos showing boundaries, buildings, fences, and condition.
• Records that show who has occupied the property and when (utility bills, mail, etc.).

6. Disputes, communications, and offers

• Copies of letters, emails, texts, or other communications with co-owners about dividing, selling, or managing the property.
• Any recorded notices, boundary line communications, or prior lawsuits involving the property.
• Offers to buy, buyout proposals, or settlement drafts related to the property.

7. Third-party and government records

• HOA or condominium documents (CC&Rs, bylaws, dues statements).
• Permits, building department records, or enforcement actions affecting the property.
• Environmental reports if contamination or wetlands are a concern.

8. Witnesses and supporting testimony

• Names and contact details of neighbors or contractors who can confirm boundaries, possession, or improvements.
• Affidavits or declarations you may already have about possession, contribution to expenses, or agreements with co-owners.

How these items help your attorney

These documents allow your lawyer to:

• Confirm that a partition action is proper and who qualifies as a necessary party.
• Decide the best route (partition in kind — physical division — versus partition by sale).
• Draft a complaint with the required legal description and exhibits, and request relief (sale, division, accounting, injunctions).
• Assess title issues, liens, and how sale proceeds will be distributed.

Montana law and where partition actions fit

Montana law provides the legal framework for dividing or selling jointly owned real estate. Statutes and rules govern who can bring a partition action, how parties must be joined, and the court’s powers to order a division or sale. For the Montana Code Annotated, see the Montana Legislature’s code resource: https://leg.mt.gov/bills/mca/. Your attorney will cite the specific partition and civil procedure provisions that apply to your case.

Typical timeline and costs

Timelines vary. A simple, uncontested partition may resolve in a few months. Partition cases with disputes over boundaries, title, or liens can take a year or longer. Costs include attorney fees, court filing fees, title searches, surveys, appraisals, and possibly a referee or commissioner’s fees if the court appoints one to divide property or supervise a sale.

Alternatives to filing a partition action

• Negotiate a buyout of one owner’s interest.
• Mediation or settlement to avoid litigation costs.
• Refinance or sell the property by agreement and split proceeds.
• Quitclaim deed transfers if co-owners agree on changing ownership shares.

How to prepare for the first meeting with your Montana lawyer

1. Gather the key documents above and make copies (keep originals safe).
2. Create a one-page timeline of how and when you acquired the property, important events, and attempts to resolve disputes.
3. List all co-owners and their contact details and describe your relationship and communications with them.
4. Prepare any urgent questions about possession, ongoing rental income, or pending sale offers.
5. Be ready to authorize a title search — your lawyer will usually request this early on.

Helpful Hints

• Start with recorded deeds and the county assessor’s parcel records; these form the backbone of a partition case.
• Obtain a recent survey before litigation if you believe boundaries are at issue — it clarifies options.
• Keep an organized folder (digital and physical) with dated copies of correspondence, receipts, and photos.
• Don’t destroy documents; even informal agreements can help prove what the owners intended.
• Ask your attorney about temporary relief (like injunctions) if a co-owner threatens to sell, remove improvements, or change the property during litigation.
• Consider mediation first — Montana courts often favor settlement, and mediation can save time and money.
• Expect your lawyer to run a title search and possibly coordinate an updated survey and appraisal early in the case.