Montana Code 15-7-304. Report of transfers — change of ownership records
15-7-304. Report of transfers — change of ownership records. (1) All transfers of real property that are not evidenced by a recorded document, except those transfers otherwise provided for in this part, must be reported to the department on the form prescribed.
Terms Used In Montana Code 15-7-304
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grantor: The person who establishes a trust and places property into it.
- Person: means an individual, corporation, partnership, or other business organization, trust, fiduciary, or agent or any other party presenting a document for recordation. See Montana Code 15-7-303
- Property: means real and personal property. See Montana Code 1-1-205
- Transfer: means an act of the parties or of the law by which the title to real property is conveyed from one person to another. See Montana Code 15-7-303
(2)The department is not required to change any ownership records used for the assessment or taxation of real property unless the department has received a transfer certificate from the clerk and recorder and the transfer has been reported to the department as provided by rule. If the grantor on the transfer certificate is not the person to whom the property is assessed on the property tax record, the department may not substitute the grantee’s name on the certificate for the name of the current person listed on the property tax record, but the department shall add the grantee’s name to the property tax record with the name of the person to whom the property is assessed. The department shall mail notification of the change to the person to whom the property is assessed and to the grantee. The department shall substitute the grantee’s name on the property tax record when reliable evidence demonstrates that the grantee is the owner of the property for tax purposes.