Montana Code 70-29-403. Applicability — relation to other laws
70-29-403. Applicability — relation to other laws. (1) This part applies to partition actions filed on or after October 1, 2013.
Terms Used In Montana Code 70-29-403
- Heirs property: means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:
(a)there is no agreement in a record binding all the cotenants that governs the partition of the property;
(b)one or more of the cotenants acquired title from a relative, whether living or deceased; and
(c)any of the following applies:
(i)20% or more of the interests are held by cotenants who are relatives;
(ii)20% or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(iii)20% or more of the cotenants are relatives. See Montana Code 70-29-402
- Property: means real and personal property. See Montana Code 1-1-205
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 70-29-402
(2)In an action to partition real property under Title 70, chapter 29, parts 1 through 3, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this part unless all of the cotenants otherwise agree in a record.
(3)This part supplements Title 70, chapter 29, parts 1 through 3, and, if an action is governed by this part, replaces provisions of Title 70, chapter 29, parts 1 through 3, that are inconsistent with this part.