Montana § 70-29-412 - Partition Alternatives
Full text of Montana Montana Code Annotated § 70-29-412 — Partition Alternatives, with citation guidance and answers to common questions.
§ 70-29-412. Partition Alternatives
Partition alternatives. (1) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to 70-29-411 or if after conclusion of the buyout under 70-29-411 a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in 70-29-413 , finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated. (2) If the court does not order partition in kind under subsection (1), the court shall order partition by sale pursuant to 70-29-414 or, if no cotenant requested partition by sale, the court shall dismiss the action. (3) If the court orders partition in kind pursuant to subsection (1), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held. (4) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to 70-29-411 , a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property must remain undivided.
Frequently Asked Questions About Montana § 70-29-412
What does Montana Code Annotated § 70-29-412 cover?
Section 70-29-412 ("Partition Alternatives") 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 § 70-29-412?
A common citation format is "Montana Code Annotated § 70-29-412" (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 § 70-29-412 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.