Quick answer

If you own an undivided inherited interest in family land in Montana and a co‑owner refuses to buy you out or to divide the property, you can ask the district court in the county where the land lies to bring a partition action. The court can order a partition in kind (divide the land) or, when a fair division isn’t practical, order a sale and distribute the proceeds. Below you will find a step‑by‑step explanation of how this process typically works under Montana law, practical tips, and links to state resources.

Disclaimer

This information is educational only and does not constitute legal advice. I am not a lawyer. For help on your specific situation, consult a licensed Montana attorney.

What a partition action is (plain language)

A partition action is a civil lawsuit that asks the court to divide jointly owned property. If you inherited a fractional interest in land (for example, 1/4 interest) and other owners will not agree to sell or divide, filing a complaint for partition asks the court to divide the property fairly or to sell the property and divide the cash proceeds among owners according to their ownership shares.

Who can file

Any person who owns a present interest in real property in Montana (for example, a tenant in common) may file for partition.
Heirs, devisees, and devisees with an interest created by will or intestacy rules who own undivided interests may file.

Basic steps to file a partition action in Montana

Confirm your ownership and the nature of the interest. Gather the deed, probate papers, trust documents, or other instruments showing your interest (e.g., your inherited share). Determine whether you and the other owners hold as tenants in common (most common with inheritance) or joint tenants—tenancy type affects rights and remedies.
Check for liens or encumbrances. Obtain a current title report or run a title search to see mortgages, tax liens, or recorded judgments. These affect the distribution of sale proceeds and can affect whether the court orders a sale.
Try to reach an agreement first. Courts prefer parties to settle. Offer a buyout, propose an informal division, or use mediation. If everyone agrees, you can often accomplish a transfer or sale without court involvement.
File a complaint for partition in district court. If negotiation fails, file the complaint in the Montana District Court for the county where the land is located. The complaint should identify the property (legal description), state your ownership share, name all other owners and interested parties (including lienholders), and request partition in kind or sale.
Serve all parties. The court requires proper service of process on all co‑owners and known lienholders so they have a chance to respond.
Ask the court for a determination of partition type. The court will consider whether the property can be fairly divided (partition in kind). If not practical or fair, the court will order sale and distribution of proceeds. The court may appoint a commissioner, referee, or special master to divide the land or oversee the sale.
Valuation and sale procedures. If the court orders sale, it usually requires appraisals and sets sale procedures (public auction or private sale under supervision). The court supervises notice, advertising, and the sale terms to ensure fairness.
Accounting and distribution. After sale, the court or appointed officer pays debts, liens, costs (including reasonable attorney fees if awarded), and then distributes remaining proceeds among owners according to their interests.
Possible appeals and timing. Adverse rulings may be appealed within Montana’s appellate timelines. Partition cases vary widely in how long they take—several months to over a year—depending on complexity, title issues, and whether a sale is contested.

Key legal concepts to understand

Tenants in common. Most inherited co‑ownerships are tenants in common. Each owner can seek partition without consent of the others.
Partition in kind vs. partition by sale. Partition in kind means physical division of land. Partition by sale occurs when dividing the land fairly is impractical or inequitable.
Liens and encumbrances. Liens are paid from sale proceeds before owners receive their shares.
Costs and fees. Court costs, appraisal fees, and sale expenses are deducted from proceeds. Courts may award fees in some circumstances.

Montana statutes and official resources

Montana’s statutes and rules govern real property actions and district court procedures. For statute text and related provisions, consult the Montana Code and Montana Judicial Branch resources:

Montana Code Annotated (searchable): https://leg.mt.gov/bills/mca/
Montana Courts — Self‑Help and civil procedure resources: https://courts.mt.gov/selfhelp
Montana Courts — Forms and district court information: https://courts.mt.gov/forms

Note: Partition provisions and procedural rules appear in the Montana Code and the Montana Rules of Civil Procedure. Use the searchable Montana Code link above to find statutes by searching terms like “partition,” “divided,” or “commissioner”.

Examples (hypothetical)

Example A: You inherit 1/3 of a 60‑acre parcel as tenant in common. Two co‑owners want to keep their shares; the land cannot be divided into equal, usable parcels. You sue for partition. The court finds partition in kind impractical and orders a public sale. After paying a mortgage and sale costs, the net proceeds are split 1/3 to you and 2/3 among the others.

Example B: You inherit a small undivided 1/10 share in a family farm. A co‑owner offers to buy you out at a price you consider too low. You file for partition. The court allows an appraisal. If a co‑owner can prove they can practically divide and keep a portion that matches your share, the court may allow a buyout rather than sale; otherwise the property may be sold and proceeds divided.

When to consult an attorney

Title problems: unclear deeds, conflicting probate records, or unresolved liens.
Complex ownership structures: trusts, life estates, or contested wills.
When monetary stakes are high or co‑owners actively litigate.
To draft pleadings correctly, identify all necessary parties, and protect your statutory rights and deadlines.

Helpful hints

Get a current title report early. It identifies all owners and lienholders you must serve in the lawsuit.
Gather probate documents, deeds, surveys, and tax maps before filing. Courts need a clear legal description.
Try mediation or neutral valuation first. Courts often encourage or require alternative dispute resolution.
Expect the court to consider practical factors: access, shape, utilities, and whether dividing the land would create unusable leftovers.
Ask about appointment of a commissioner or special master. This person manages appraisal, division, or sale processes under court supervision.
Confirm current filing fees and local rules with the county district court clerk; fees and procedures vary by county and change over time.
If a quick cash buyout would solve the problem, get a written offer and consider negotiating before litigating—litigation can be costly and slow.

Next steps

1) Gather your deed, probate paperwork, and any communications with co‑owners. 2) Contact the clerk of the Montana District Court in the county where the land is located to confirm filing procedures and fees. 3) Consider a consultation with a Montana real property attorney to review your documents, explain likely court outcomes, and assist with pleadings if needed.