70-29-101. Action for partition authorized -- who may bring. When several cotenants hold and are in possession of real property as joint tenants or tenants in common, in which one or more of them have an estate of inheritance or for life or lives or for years, an action may be brought by one or more of such persons for a partition thereof, according to the respective rights of the persons interested therein, and for a sale of such property or a part thereof if it appears that a partition cannot be made without a great prejudice to the owners.
History: En. Sec. 492, p. 140, Bannack Stat.; re-en. Sec. 264, p. 190, L. 1867; re-en. Sec. 313, p. 97, Cod. Stat. 1871; re-en. Sec. 364, p. 139, L. 1877; re-en. Sec. 364, 1st Div. Rev. Stat. 1879; re-en. Sec. 377, 1st Div. Comp. Stat. 1887; re-en. Sec. 1340, C. Civ. Proc. 1895; re-en. Sec. 6883, Rev. C. 1907; re-en. Sec. 9516, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 752; re-en. Sec. 9516, R.C.M. 1935; R.C.M. 1947, 93-6301.
Structure Montana Code Annotated
Chapter 29. Partition of Real Property
70-29-101. Action for partition authorized -- who may bring
70-29-103. Complaint -- contents
70-29-104. Who must be parties -- permissible plaintiffs
70-29-105. Who may be joined as defendants
70-29-106. Unnecessary to join grantees or lienholders not of record
70-29-107. Lienholders of record as parties
70-29-108. Lienholders of record to be notified
70-29-109. Notice of action to be filed with clerk -- lis pendens
70-29-110. Summons -- to whom directed
70-29-111. Unknown and out-of-state parties -- how served
70-29-113. Death or incompetency of parties -- proceedings not delayed