70-1-314. Interest in common -- how created. Every interest created in favor of several persons in their own right, including husband and wife, is an interest in common unless acquired by them in partnership for partnership purposes or unless declared in its creation to be a joint interest, as provided in 70-1-307.
History: En. Sec. 1108, Civ. C. 1895; re-en. Sec. 4441, Rev. C. 1907; re-en. Sec. 6683, R.C.M. 1921; Cal. Civ. C. Sec. 686; Based on Field Civ. C. Sec. 179; re-en. Sec. 6683, R.C.M. 1935; R.C.M. 1947, 67-313.
Structure Montana Code Annotated
Chapter 1. Property in General Real and Personal
Part 3. Kinds of Ownership Interests
70-1-301. Interests in real property specially named elsewhere
70-1-302. Ownership -- absolute or qualified
70-1-303. When ownership absolute
70-1-304. When ownership qualified
70-1-305. Ownership by single person
70-1-306. Ownership by several persons -- types
70-1-307. Joint interest defined
70-1-308. Safe deposit box -- joint tenancy
70-1-310. Action by or against joint tenants or tenants in common
70-1-312. Partnership interest defined
70-1-313. Interest in common defined
70-1-314. Interest in common -- how created
70-1-315. Interest as to time of enjoyment
70-1-316. Present interest -- to what entitles owner
70-1-317. Future interest -- to what entitles owner
70-1-318. What future interests recognized
70-1-319. Mere possibility not an interest
70-1-320. Perpetual interest -- duration
70-1-321. Limited interest -- duration
70-1-322. Kinds of future interests
70-1-323. Future interest -- when vested
70-1-324. Future interest -- when contingent