Montana § 70-29-104 Who Must Be Parties -- Permissible Plaintiffs

Montana Statutes

§ 70-29-104 — Who Must Be Parties -- Permissible Plaintiffs

Montana § 70-29-104

Title 70PROPERTY

Ch. 29PARTITION OF REAL PROPERTY

Part 1Preliminary Procedure

This text of Montana § 70-29-104 (Who Must Be Parties -- Permissible Plaintiffs) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 70-29-104 (2026).

Text

70-29-104 . Who must be parties -- permissible plaintiffs.

(1)The following must be parties to an action for partition:

(a)every person having an undivided share, in possession or otherwise, in the property as tenant in fee, for life, or for years;

(b)every person entitled to the reversion, remainder, or inheritance of an undivided share, after the determination of a particular estate therein;

(c)every person who by any contingency contained in a devise or grant or otherwise is or may become entitled to a beneficial interest in an undivided share thereof;

(d)every person having an inchoate right of dower in an undivided share in the property; and

(e)every person having a right of dower in the property or any part thereof which has not been admeasured.

(2)But no person other than a j

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70-29-104 . Who must be parties -- permissible plaintiffs. (1) The following must be parties to an action for partition:
(a) every person having an undivided share, in possession or otherwise, in the property as tenant in fee, for life, or for years;
(b) every person entitled to the reversion, remainder, or inheritance of an undivided share, after the determination of a particular estate therein;
(c) every person who by any contingency contained in a devise or grant or otherwise is or may become entitled to a beneficial interest in an undivided share thereof;
(d) every person having an inchoate right of dower in an undivided share in the property; and
(e) every person having a right of dower in the property or any part thereof which has not been admeasured.
(2) But no person other than a joint tenant or a tenant in common of the property shall be a plaintiff in the action.

Legislative History

En. Sec. 1342, C. Civ. Proc. 1895; re-en. Sec. 6885, Rev. C. 1907; re-en. Sec. 9518, R.C.M. 1921; re-en. Sec. 9518, R.C.M. 1935; R.C.M. 1947, 93-6303.