What steps are required to file a court petition to partition land owned by multiple relatives in Montana? | Montana Partition Actions | FastCounsel
MT Montana

What steps are required to file a court petition to partition land owned by multiple relatives in Montana?

Detailed Answer

Under Montana law, any co-owner of real property may seek a judicial partition when relatives hold land as tenants in common or joint tenants. Partition divides the property fairly—either in kind (physical division) or by sale with proceeds divided among owners.

  1. Establish entitlement to partition
    Verify co-ownership and your interest in the land. Montana Code Annotated § 25-9-101 defines who may petition. Mont. Code Ann. § 25-9-101.
  2. Prepare and file the petition
    Draft a petition in the district court of the county where the land lies. Include a legal description, the names and addresses of all co-owners, and prayer for partition. Follow Mont. Code Ann. § 25-9-102. Mont. Code Ann. § 25-9-102.
  3. Serve summons and petition
    Serve each co-owner with the petition and summons according to Rule 4 of the Montana Rules of Civil Procedure. Mont. Code Ann. § 25-9-103 requires proper service. Mont. Code Ann. § 25-9-103.
  4. Allow for intervention
    Nonpetitioning co-owners and lienholders may intervene. Mont. Code Ann. § 25-9-104 governs intervention timelines and procedures. Mont. Code Ann. § 25-9-104.
  5. Request appointment of commissioners or appraisers
    The court may appoint disinterested commissioners to value or divide the property. The process appears in Mont. Code Ann. § 25-9-105. Mont. Code Ann. § 25-9-105.
  6. Partition in kind or by sale
    If the land can’t be physically divided equitably, the court orders a sale. Net proceeds then distribute proportionally. See Mont. Code Ann. § 25-9-107. Mont. Code Ann. § 25-9-107.
  7. Distribute proceeds or titles
    After sale or division, the court issues a decree transferring titles or directing disbursement of sale proceeds. Mont. Code Ann. § 25-9-109 outlines final steps. Mont. Code Ann. § 25-9-109.
  8. File decree with county clerk
    Record the final decree or deed with the county clerk and recorder to update land records.

Helpful Hints

  • Review deeds and title reports before filing.
  • Attempt mediation or agreement before petitioning.
  • Obtain a current boundary survey to aid in-kind division.
  • Serve co-owners by certified mail or sheriff’s deputy.
  • Track deadlines: co-owners have 20 days to respond after service.
  • Consider hiring a land surveyor or real property attorney.
  • Keep detailed records of appraisals and costs for court review.

Disclaimer: This article provides general information about Montana partition actions. It does not constitute legal advice. Consult a licensed Montana attorney for guidance tailored to your situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.