Terms Used In Montana Code > Title 70 > Chapter 29 - Partition of Real Property

• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Ascendant: means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. See Montana Code 70-29-402
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Collateral: means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant. See Montana Code 70-29-402
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Descendant: means an individual who follows another individual in lineage, in the direct line of descent from the other individual. See Montana Code 70-29-402
• Determination of value: means a court order determining the fair market value of heirs property under 70-29-410 or 70-29-414 or adopting the valuation of the property agreed to by all cotenants. See Montana Code 70-29-402
• Devise: To gift property by will.
• Dower: A widow
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• 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

• Intestate: Dying without leaving a will.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Partition by sale: means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under 70-29-414. See Montana Code 70-29-402
• Partition in kind: means the division of heirs property into physically distinct and separately titled parcels. See Montana Code 70-29-402
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• 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
• Relative: means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this part. See Montana Code 70-29-402
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Several: means two or more. See Montana Code 1-1-201
• Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
• Summons: Another word for subpoena used by the criminal justice system.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Writing: includes printing. See Montana Code 1-1-203