Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 29. PARTITION OF REAL PROPERTY · Part 1. Preliminary Procedure
Montana Code Annotated

Mont. Code Ann. § 70-29-101 (2026)

Action For Partition Authorized -- Who May Bring

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 29
  4. Part 1
  5. 70-29-101 Action for partition authorized -- who may bring

TITLE 70. PROPERTY

CHAPTER 29. PARTITION OF REAL PROPERTY

Part 1. Preliminary Procedure

Action For Partition Authorized -- Who May Bring

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.

Notes of Decisions
Cited in 11 cases, 1979–2019 · leading case: Rausch v. Hogan, 2001 MT 123 (Mont. 2001).
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Rausch v. Hogan, 2001 MT 123 (Mont. 2001). · cites it 8× “An action for partition is brought under § 70-29-101, MCA, which provides: 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…”
Lawrence v. Harvey, 607 P.2d 551 (Mont. 1980). · cites it 9× “Our statute authorizing an action for partition is section 70-29-101, MCA: “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 or inheritance or for life or lives or for years, an…”
Flood v. Kalinyaprak, 2004 MT 15 (Mont. 2004). · cites it 4× “In August 2001, Debra initiated this partition action pursuant to § 70-29-101, MCA, to force Murat to accept the latest offer on the property.”
In Re the Est. of Snyder, 2007 MT 146 (Mont. 2007). · cites it 10× “" She contends that the court has only two options in distributing the Flathead County property: (1) partition, sell the property, and distribute the proceeds pursuant to § 70-29-101, MCA; or (2) distribute the property in kind pursuant to § 72-3-902, MCA.”
Britton v. Brown, 2013 MT 30 (Mont. 2013). · cites it 3× “Section 70-29-101, MCA. An order partitioning property “extinguishes a tenant’s rights in the whole property, and establishes the tenant’s exclusive right of ownership in the part of the property set off to him.”
Fiedler v. Fiedler, 879 P.2d 675 (Mont. 1994). · cites it 2× “By its own terms, section 70-29-101 applies only to situations ‘when several cotenants hold or are in possession of real property as joint tenants or as tenants in common.”
v. Smith-Cote (In re Cote), 433 P.3d 221 (Mont. 2019). · cites it 2× “…-406, MCA ; • abatement as a remedy for public and private nuisances, §§ 27-30-202 and -301, MCA ; • partition, § 70-29-101, MCA ; 4 • mortgage foreclosure proceedings, § 71-1-222, MCA ; 5 and • constructive trusts, § 72-38-123, MCA. 6 Like these statutes, § 30-8-414,…”
Lawrence v. Donovan, 619 P.2d 1183 (Mont. 1980). · cites it 3× “The appellants assert that partition is inappropriate in the present case, urging that the parties are not cotenants within section 70-29-101, MCA, and that Viola Lawrence is not a tenant in common within section 70-29-104.”
Y a Bar Livestock Co. v. Harkness, 887 P.2d 1211 (Mont. 1994). “Sections 70-29-101 through -221, MCA. We reverse the decision of the District Court.”
Jarrett v. Jarrett, 659 P.2d 839 (Mont. 1983). · cites it 3× “Whether or not the sale of the ranch ordered by the District Court, because it could not physically he partitioned, should be made subject to the lease of 2/3 of it to Jack and Dora Jarrett? Section 70-29-101, MCA, authorizes partition.”
Glennie v. Glennie Ranches, 601 P.2d 699 (Mont. 1979). · cites it 5× “Section 70-29-101, MCA, provides that a cotenant who holds and is in possession of real property may bring an action for partition.”
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