Detailed Answer

Quick summary: If you own real property in Montana with other co-owners and you cannot reach an agreement, you may file a partition action in Montana district court asking the court to physically divide the property (partition in kind) or order a sale and divide the proceeds. The court will choose the remedy it finds equitable. This is a court process with costs, deadlines, and legal consequences; many people hire an attorney.

What is a partition action under Montana law?

A partition action is a lawsuit asking a court to end co-ownership of property. In Montana the action is brought in district court where the property lies. The court can:

Order a partition in kind — divide the land physically among the owners if a fair physical division is practical; or
Order a partition by sale — sell the property and divide the net proceeds among the owners according to their ownership interests.

Which remedy the court selects depends on factors such as whether the property can be physically divided without undue injury to any owner’s interest, the nature and location of improvements, and fairness. When physical division is impractical, courts typically order a sale.

How to start a partition action in Montana

File a complaint for partition in the Montana district court in the county where the property sits. The complaint names all co-owners and asks the court to partition the property or order its sale.
Serve all co-owners and any lienholders (mortgagees, judgment creditors) with the complaint and summons.
The court may appoint a commissioner, referee, or special master to survey, value, and recommend division or sale procedures. The court will hold hearings and enter an order.

Montana’s statutes and court rules set the procedures for filing, service, and court appointment of officers to manage the partition. See the Montana Code of Statutes regarding property and civil actions for details: https://leg.mt.gov/bills/mca/title_70/.

What outcomes should you expect?

Common outcomes include:

Physical division of the land and structures (rare for improved single-family homes because dividing a house usually isn’t practical).
Sale of the property (private sale or court-ordered sheriff’s sale) with net proceeds distributed to owners according to ownership shares.
A negotiated buyout where one or more owners pay others to take full title.
Settlement by mediation or agreement that avoids litigation.

How are sale proceeds divided?

Proceeds are generally divided according to each owner’s legal interest (e.g., 50/25/25 if those are the recorded ownership percentages). The court will deduct liens, mortgages, unpaid taxes, sale costs, and the commissioner’s or realtor’s fees before dividing net proceeds. The court may also account for improvements, unequal contributions, waste, or other equitable claims and adjust the distribution accordingly.

Mortgages, liens, and creditors

A mortgage or lien on the property remains attached to the real estate. In a partition sale, sale proceeds first pay mortgage holders and other valid liens to the extent required by law. If an owner wants to keep the property free of a co-owner’s mortgage, they typically must pay off or otherwise satisfy that lien.

Practical steps and proof you’ll need

Collect deeds, title report, or other proof of ownership.
Gather mortgage documents, lien or judgment records, tax bills, HOA documents, and insurance policies.
Prepare records of payments you made for mortgage, taxes, repairs, or improvements (to support claims for contribution or credit).
Document communications and any written agreement about ownership, use, or sale.

Costs, timing, and what to expect

Partition actions can take several months to more than a year depending on complexity, whether the parties contest issues such as credit claims or valuation, and court schedules. Expect filing fees, service costs, appraisal/survey fees, attorney fees (if you hire counsel), and sale-related costs. If the parties settle early, costs are usually lower.

Alternatives to filing suit

Negotiate a voluntary sale and split proceeds voluntarily.
One co-owner buys out the others at an agreed valuation.
Use mediation or arbitration to reach a settlement without a lawsuit.
Refinance or satisfy mortgage(s) so one owner can purchase out the others.

When to get a lawyer

Consider hiring a Montana real property litigation attorney if:

The ownership shares, liens, or contribution claims are disputed.
The property has complex improvements, environmental issues, or multiple creditors.
The co-owners are hostile and settlement seems unlikely.

An attorney will prepare the complaint, serve parties, present valuation evidence, and argue equitable adjustments (credits for mortgage payments, improvements, waste, etc.).

References and statutes

Montana codifies property and related procedures in the Montana Code. For provisions on partition and related property rules, see the Montana Code — Title 70 (Property) and related civil procedure provisions: https://leg.mt.gov/bills/mca/title_70/.

Disclaimer

This article explains general Montana legal principles and common procedures. It is educational only and not legal advice. For advice about your particular situation, consult a licensed Montana attorney.

Helpful Hints

Start by asking for a title report or copy of the deed so you know exact ownership shares.
Try mediation first — it’s cheaper and faster than court and often preserves relationships.
Keep careful records of payments you make for mortgage, taxes, or repairs — courts consider these when dividing proceeds.
List all lienholders and serve them; unpaid liens can reduce your net recovery.
Obtain an independent appraisal early to support a fair valuation.
Remember that a court-ordered sale will usually wipe out disputes about possession but not automatically remove mortgages — payoff priority follows lien law.
Ask the court for interim relief if a co-owner is causing waste (e.g., damaging the property). Courts can act to preserve value.
Expect that litigation can take time — set realistic timelines and cost expectations with your attorney.