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PASSAMANI & LETANG PLLC
Partition Actions
Partition actions arise when co-owners of real property, such as family members, business partners, or heirs, cannot agree on how to use, divide, or sell the property. When informal resolution is not possible, a partition action allows one or more owners to ask the court to physically divide the property (partition in kind) or order its sale and distribute the proceeds (partition by sale). These cases can be legally and emotionally complex, especially when they involve inherited property or long-term family holdings. Our firm guides clients through partition litigation with a focus on protecting ownership rights, resolving conflicts, and achieving equitable outcomes.
Did you and your fellow co-owners receive the property from an ancestor?
If so, you’ll need to administer your partition action pursuant to Montana’s Uniform Partition of Heirs Property Act. § 70-29-401, MCA, et al.
In Montana, a regular partition action allows co-owners of real property to request a court-ordered division or sale of the property when they cannot agree on its use or disposition. However, when the property qualifies as “heirs property”—typically family land passed down without a will and owned by multiple relatives—the Uniform Partition of Heirs Property Act (UPHPA) applies. This law provides additionalprotections for family ownership, including a requirement for the court to consider the sentimental, cultural, and historical value of theproperty, and to favor a buyout by other heirs before ordering a public sale. The goal of the UPHPA is to preserve generational family land and reduce forced sales that disproportionately affect heirs who may lack legal or financial resources.
