Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Montana, a partition action divides or sells co-owned real property through the district court and a court-appointed commissioner. Partition actions are governed by Montana Code Annotated (MCA) Title 25, Chapter 19 (MCA Chapter 25-19). You can initiate or consent to such actions by following these steps.
1. File a Petition
A co-owner starts by filing a petition in the district court of the county where the property lies. The petition must:
- Identify all interested parties and describe their interests in the property.
- Provide a legal description of the property.
- State whether you request physical division or sale of the property.
- Pray for appointment of a commissioner to carry out the partition.
The petition should cite MCA § 25-19-101 and MCA § 25-19-102.
2. Serve the Petition
After filing, serve each co-owner and lienholder with a summons and copy of the petition under MCA § 25-19-112. Proper service ensures all parties can participate or object.
3. Court Appointment of Commissioner
The court reviews the petition and, if requirements are met, appoints a disinterested commissioner. The appointment order will outline the commissioner’s duties, timeline, and authority under MCA § 25-19-111.
4. Commissioner Conducts the Partition
The commissioner visits the property, values it, and proposes a division or sale plan. The commissioner’s report must comply with MCA § 25-19-116. Common tasks include:
- Surveying and mapping proposed parcels.
- Determining fair market value.
- Recommending sale procedures if physical division is impractical.
5. Review and Final Decree
After the commissioner files a report, parties have a statutory period to object. The court holds a hearing, resolves objections, and issues a final decree confirming the division or authorizing sale and directing distribution of proceeds per ownership interests.
Consenting to a Partition Action
If all co-owners agree, they can file a joint petition and stipulation. A joint petition streamlines the process by:
- Waiving formal service and notice requirements.
- Requesting the court to appoint a commissioner by joint application.
- Securing a consent decree after the commissioner’s report without contested hearings.
Helpful Hints
- Hire a licensed surveyor early to identify boundaries and prepare maps.
- Consider mediation to reach agreement on division before court involvement.
- Keep detailed records of property expenses to aid valuation.
- Review local court rules for filing fees and service procedures.
- Consult an attorney if disputes arise or the title is complex.