70-29-207. Allotment of shares of land -- improvements. In all cases the court shall direct the referees, in making partition of land, to allot the share of each of the parties owning an interest in the whole or in any part of the premises sought to be partitioned and to locate the share of each cotenant so as to embrace as far as practicable the improvements made by such cotenant upon the property, and the value of the improvements made by the tenants in common must be excluded from the valuation in making allotments, and the land must be valued without regard to such improvements, in case the same can be done without material injury to the rights and interests of the other tenants in common owning such land.
History: En. Sec. 1359, C. Civ. Proc. 1895; re-en. Sec. 6902, Rev. C. 1907; re-en. Sec. 9535, R.C.M. 1921; re-en. Sec. 9535, R.C.M. 1935; R.C.M. 1947, 93-6320(part).
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