70-29-204. Partial partition. Whenever from any cause it is in the opinion of the court impracticable or highly inconvenient to make a complete partition in the first instance among all the parties in interest, the court may first ascertain and determine the shares or interests respectively held by the original cotenants and thereupon adjudge and cause a partition to be made as if such original cotenants were the parties and sole parties in interest and the only parties to the action and thereafter may proceed in like manner to adjudge and make partition separately of each share or portion so ascertained and allotted, as between those claiming under the original tenant to whom the same shall have been so set apart, or may allow them to remain tenants in common thereof, as they may desire.
History: En. Sec. 272, p. 191, L. 1867; re-en. Sec. 321, p. 98, Cod. Stat. 1871; re-en. Sec. 372, p. 141, L. 1877; re-en. Sec. 372, 1st Div. Rev. Stat. 1879; re-en. Sec. 385, 1st Div. Comp. Stat. 1887; re-en. Sec. 1352, C. Civ. Proc. 1895; re-en. Sec. 6895, Rev. C. 1907; re-en. Sec. 9528, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 760; re-en. Sec. 9528, R.C.M. 1935; R.C.M. 1947, 93-6313.
Structure Montana Code Annotated
Chapter 29. Partition of Real Property
70-29-201. Trial of title or interest of parties
70-29-202. Court to order sale or partition -- appointment of referees
70-29-203. Determination of title required before judgment of sale
70-29-205. Partition according to rights of parties -- roads
70-29-206. Procedure in relation to lots and subdivisions
70-29-207. Allotment of shares of land -- improvements
70-29-208. Allotment of land to grantee of tenant in common
70-29-209. Compensation of one party by another in certain cases of partition
70-29-210. Consent of guardian to share of ward
70-29-211. Referees to make report
70-29-212. Judgment upon confirmation of report -- effect
70-29-213. Judgment not to affect certain tenants for years
70-29-214. Status of estate for life or years when partial sale ordered
70-29-215. Lien on undivided interest -- status after partition
70-29-216. Abstract of title -- when cost of allowed -- filing and inspection
70-29-217. Abstract -- how made and verified
70-29-218. Costs of partition -- apportionment among parties -- lien
70-29-219. Expenses of referees and surveyor