How to file a partition action in Montana to split inherited real property when a co-owner won’t cooperate

Detailed Answer — step-by-step guide under Montana law

This section explains, in plain language, the usual legal steps to ask a Montana court to divide (partition) real property that you inherited when a co-owner refuses to cooperate. This is a general procedural guide — specific steps can vary by county and by the facts of your case.

1. Confirm who legally owns the property

Check the deed and chain of title to confirm current owners and their ownership shares.
If the property came through a will or intestacy, confirm whether title passed via probate. If the estate is still open, you may need the personal representative’s involvement or a probate order.
Note the form of co-ownership: tenancy in common (most common for inherited property) vs. joint tenancy with right of survivorship — the form affects whether a partition claim is appropriate.

2. Try negotiation first (recommended)

Send a clear written demand asking for division, sale, or buyout. Keep a copy.
Offer mediation or appraisal-based buyout. Many disputes settle without court.

3. Prepare the paperwork to start a partition action

If negotiation fails, the formal route is to file a civil complaint for partition in the district court in the county where the property is located. Typical elements include:

A complaint (petition) that identifies the property with its legal description, names all co-owners and interested parties, and states your ownership interest and the relief requested.
A request that the court partition the property in kind (physically divide it) if practicable, or order a sale and divide the proceeds if partition in kind is impracticable.
Requests for related relief such as appointment of a commissioner or referee to divide the land, an accounting for rents/profits/expenses, and allocation of costs and attorney fees as appropriate.

4. Who to name as defendants and how to serve them

Name every person or entity with a recorded or claimed interest in the property (co-owners, lienholders, heirs, devisees, and any unknown heirs by a generic description when necessary).
Follow Montana service rules so each party is properly served with the complaint and summons. If some parties cannot be found, Montana procedure provides special service methods for unknown heirs or absent parties.

5. Evidence and facts the court will want

Recorded deed(s) and chain of title showing ownership shares.
Probate documents or death certificates, if ownership comes from a decedent.
Property legal description, tax records, mortgage/payoff details, recent appraisal or comparable sales, and records of rent, expenses, or improvements.

6. Practical courtroom steps after filing

The court will schedule hearings. If owners agree, the court may enter a stipulated partition order without trial.
If division in kind is possible, the court may appoint a commissioner to survey and allocate pieces of land to owners according to their shares.
If the land cannot be fairly divided (for example, a single-family house on a small lot), the court commonly orders sale and division of net proceeds among owners after paying liens and costs.
The court also can order an accounting so that one party who occupied the property or paid mortgages/repairs is credited or debited as appropriate.

7. Possible outcomes and timing

Settlement and agreement to a buyout or partition in kind.
Court-ordered partition in kind (division of land) or partition by sale with proceeds divided.
Judgment allocating costs, potential payment of debts secured by the property, and orders for accounting of rents/expenses. The entire process can take months to over a year depending on complexity, contested issues, and court scheduling.

8. Costs and fees

Expect court filing fees, service costs, appraisal and survey fees, commissioner fees, and attorney fees if you hire counsel.
The court, in some circumstances, can allocate costs or award attorney fees to the prevailing party, but awards are discretionary.

9. Where to find Montana statutory and court procedure authority

Partition actions and civil procedures are governed by Montana statutes and court rules. For the official text of Montana law and to look up statutes and rules relevant to partition and civil procedure, consult the Montana Code Annotated and the Montana Judicial Branch:

Because statutory numbers and procedures can change and county practice varies, review the MCA and local court rules or consult a Montana attorney for detailed statutory citations that match your facts.

Helpful Hints

Gather documents before you file: deed, death certificate, will or probate papers, mortgage statements, tax records, insurance, and any written communications with the co-owner.
Get a current appraisal before filing to support valuation and to make realistic settlement offers.
Consider mediation before or after filing — it is often faster and cheaper than a trial and courts encourage settlement.
Maintain good records of payments you make (mortgage, taxes, insurance, repairs). The court may credit or charge you based on those records.
If you are worried a co-owner will try to encumber or sell the property, ask the court for temporary injunctive relief to prevent transfers until the partition is resolved.
If title is unclear or third-party liens exist, speak with an attorney to decide whether quiet-title or lien-resolution steps are needed before or during partition.
If some heirs are unknown or out of state, the court allows special service and notice procedures — plan for extra time and potential publication notices.

Next steps and when to get a lawyer

If the other co-owner will not cooperate, and the property has significant value, consult a Montana attorney who handles real property litigation and probate-related disputes. An attorney can help prepare the complaint, ensure proper party joinder and service, advise on likely outcomes, and represent you at hearings.

For modest-value property you may be able to pursue a self-help route using court forms and resources, but beware that mistakes in party identification, pleadings, or service can delay the case and increase costs.