What happens if a co‑heir living in inherited Montana property won’t move out or agree to sell?

Short answer: In Montana you can file a court action to force a partition of the property or to obtain possession. The court can order the property physically divided (rare for a single home), order a sale and split the proceeds, or order the occupant removed. You may also be entitled to compensation for the occupant’s use of the property. These remedies require filing in Montana district court and follow Montana civil procedure and property law.

Detailed Answer — How Montana law addresses an heir who refuses to move

When real property passes to two or more heirs as co‑owners (tenants in common), each owner holds an undivided interest. No single co‑owner can force other co‑owners to accept a sale or to leave the property without going to court. Montana courts provide several remedies:

1) Partition action (court-ordered division or sale)

You can file a partition action in the appropriate Montana district court. The court will try to divide the land in kind if it is practical (for example, farmland may be divided). For a single-family home or when division in kind would be impractical or inequitable, the court commonly orders a sale and divides the net proceeds among the co‑owners according to their ownership shares.

The partition action typically:

• Names all co‑owners and interested parties;
• Asks the court to determine each owner’s share;
• Requests partition in kind or sale if in‑kind division is impractical;
• Asks the court to order a sale and divide proceeds after costs, liens, and expenses.

2) Possession and eviction claims

If a co‑owner is physically occupying the property and refusing to vacate, you may ask the court to order them to surrender possession. Courts can combine partition and possession remedies. If the occupant refuses a court order to leave, the court can issue an order of eviction through the sheriff.

3) Accounting for use and occupation (rent and expenses)

The occupying co‑owner may be liable to the other owners for the reasonable value of their use and occupancy (often called “rents and profits”) from the date they began excluding other owners from possession. Conversely, occupying owners can claim credit for payments they made for taxes, mortgage payments, and necessary repairs. The court will balance these claims when dividing proceeds or awarding money.

4) Buyout options and settlement

Often co‑owners settle without litigation: one owner buys the others out at an agreed price, or owners agree to list and sell the property together. A negotiated buyout can be faster and far less expensive than court action.

5) Timing, costs, and practical considerations

Partition litigation can take months to more than a year depending on complexity, title issues, and whether the occupant contests the action. There are court filing fees, possible attorney fees, appraisal costs, and sale costs. The court can sometimes require the losing party or the estate to pay costs, but that depends on the facts and the judge’s discretion.

6) Adverse possession and co‑owners

Adverse possession doctrines generally do not allow a co‑owner to acquire title against other co‑owners simply by occupying the property. An uninterrupted adverse possession claim requires possession that is open, notorious, hostile, exclusive, and continuous for the statutory period. Occupation by a co‑owner is usually not “hostile” to the other co‑owners, so adverse possession against co‑owners is difficult.

Relevant Montana resources

• Montana Code Annotated (MCA): main code site for searching statutes — https://leg.mt.gov/bills/mca/
• Montana Judicial Branch — general court information and self‑help resources — https://courts.mt.gov

Hypothetical example (illustrates how courts usually proceed)

Three siblings inherit a Helena house equally. One sibling moves in, changes the locks, and refuses to let the others enter. The two non‑occupying siblings can:

1. Ask the occupant to sell or buy them out. If that fails,
2. File a partition action in Montana district court seeking sale of the house and division of net proceeds among the three heirs. They also request an accounting for the occupant’s use of the house and ask the court to order the occupant to vacate pending sale or to permit access for appraisal and marketing.

The court orders a sale because a single house cannot be fairly divided. The sale pays off liens and costs, then the net proceeds are divided 1/3 each after the court adjusts for the occupant’s credited expenses and any rent owed to the other heirs.

Helpful Hints

• Document everything: communications with the occupant, dates of occupancy, expenses you paid, and any attempts to resolve the dispute.
• Ask for an appraisal early. An independent appraisal helps with buyouts and partition valuations.
• Consider mediation before filing suit. Mediation can produce faster, cheaper resolutions like a buyout or agreed sale.
• Know the court where to file: partition and property disputes are filed in Montana district court where the property lies. Check local rules and fees at the county courthouse or at https://courts.mt.gov.
• If you need possession immediately because the occupant is damaging the property, consult the court or an attorney about emergency motions for possession or injunctions.
• Keep obligations current: continue paying your share of mortgage, taxes, and insurance if you want to avoid liens that reduce the property’s value.
• Consult a Montana attorney for complex title issues, potential liens, or when large sums are at stake. A lawyer can prepare pleadings, request an accounting, and represent you in court.

Disclaimer: This article explains general Montana legal concepts and common options when a co‑heir refuses to move out or sell. It is not legal advice. For advice about your specific situation, contact a licensed Montana attorney.