70-29-105. Who may be joined as defendants. (1) The plaintiff may make a tenant in dower, for life or for years, of the entire property or a creditor or other person having a lien or interest that attaches to the entire property a defendant in the action. In that case the final judgment may either award to a party the party's entire right and interest or the proceeds of the right or interest or may reserve and leave unaffected the party's right or interest or any portion of the right or interest.
(2) A person specified in this section who is not made a party is not affected by the judgment in the action.
History: En. Sec. 1343, C. Civ. Proc. 1895; re-en. Sec. 6886, Rev. C. 1907; re-en. Sec. 9519, R.C.M. 1921; re-en. Sec. 9519, R.C.M. 1935; R.C.M. 1947, 93-6304; amd. Sec. 2215, Ch. 56, L. 2009.
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