Montana § 46-16-212 - Competency Of Spouses

Full text of Montana Montana Code Annotated § 46-16-212 — Competency Of Spouses, with citation guidance and answers to common questions.

§ 46-16-212. Competency Of Spouses

Competency of spouses. (1) Neither spouse may testify to the communications or conversations between spouses that occur during their marriage unless: (a) consent of the defendant-spouse is obtained; (b) the defendant-spouse has been charged with an act of criminal violence against the other; or (c) the defendant-spouse has been charged with abuse, abandonment, or neglect of the other spouse or either spouse's children. (2) Except as provided in subsection (1), a spouse is a competent witness for or against the other spouse.

Source: official Montana text · Last verified 2026-08-27

Frequently Asked Questions About Montana § 46-16-212

What does Montana Code Annotated § 46-16-212 cover?

Section 46-16-212 ("Competency Of Spouses") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Montana § 46-16-212?

A common citation format is "Montana Code Annotated § 46-16-212" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Montana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.

How does Montana § 46-16-212 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Montana.