Negotiating a Buyout Instead of Partition in Montana
Can you settle a co‑owner dispute by buying out a share instead of suing for partition? — Montana Detailed answer Yes. Under Montana law, co‑owners of real property can negotiate and document a buyout of one co‑owner's interest instead of filing a partition action in court. Courts generally allow and encourage private settlements resolving ownership […]
Read article →Montana: Forcing a Private Sale of Inherited Land You Co‑Own
Can I force a private sale of inherited land I co‑own with other heirs? Short answer: In Montana you cannot unilaterally force a private sale of inherited real property that you co‑own. You can, however, ask a court to partition the property. If the court finds physical division impractical or inequitable, it can order a […]
Read article →Who Pays for a Property Survey When Co-Owners Disagree — Montana Guide
Detailed Answer Short answer: When co-owners cannot agree to pay for a property survey in Montana, either owner can ultimately force a resolution through the courts (for example, by filing a partition or boundary action). A court can order a survey and allocate the cost between the parties (or shift it to one side) based […]
Read article →Montana: Can Multiple Heirs Keep the House Instead of Selling It?
Can multiple heirs keep the house instead of selling it? Short answer: Yes — often heirs can keep the house, but only if they reach an agreement (for a buyout, co-ownership plan, trust, or refinance). If they cannot agree, a court in Montana can order a partition that may force sale. This article explains how […]
Read article →Partition When a Co-Owner Is Incompetent and Has a Guardian — Montana
Understanding Partition When a Co-Owner Is Incompetent and Has a Court-Appointed Guardian (Montana) Disclaimer: This is general information only and is not legal advice. For advice about your situation, consult a licensed Montana attorney. Detailed Answer When one co-owner of land or other real property in Montana has been adjudicated incompetent and a court has […]
Read article →How to Start a Partition Action in Montana
Short answer and overview Detailed answer If co-owners of Montana real property cannot agree on use, sale, or division, one or more co-owners can ask a court to resolve the dispute by filing a partition action. A partition action asks the court to physically divide the property among the owners (partition in kind) or, if […]
Read article →Buying Out Siblings’ Interests in Co-Owned Property in Montana
How to Complete a Sibling Buyout of Co-Owned Property in Montana FAQ: What steps do I need to take to buy out my siblings’ interests in our co-owned property so I can retain the home? Short answer If you want to keep a home co-owned with siblings, the usual path is: confirm how title is […]
Read article →Forcing a Sale of Family Property in Montana: Your Legal Options
Detailed Answer When some co-owners of real property want to sell but others refuse, Montana law provides a court remedy called a partition action. A partition action asks a Montana district court to divide the property among the co-owners (partition in kind) or, if physical division is impractical, to order a sale of the property […]
Read article →Montana: Rights When a Co-Owner Holds a Life Tenancy and Occupies the Property
Understanding Your Rights When a Co-Owner Holds a Life Tenancy and Lives in the Property (Montana) FAQ: What rights do I have when a co‑owner is living in the property under a life tenancy and occupying it? Short answer Under Montana law, a person who holds a life tenancy (a life estate) generally has the […]
Read article →Montana: Can a Life Tenant Keep Living in the House During a Partition Action?
Can a Life Tenant Keep Living in the House During a Partition Action in Montana? Short answer: Often yes — a valid life tenant generally keeps the right to possess the property during the life estate, but a partition action can change the property’s ownership or lead to a sale where your possession and financial […]
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