Montana Code 70-29-404. Service — notice by posting
70-29-404. Service — notice by posting. (1) This part does not limit or affect the method by which service of a complaint in a partition action may be made.
Terms Used In Montana Code 70-29-404
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)If the plaintiff in a partition action seeks notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the court’s determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.