40-2-202. Individual property of married person. All the property of a married person owned before marriage and that acquired afterwards is that person’s individual property. The married person may, without consent, agreement, and signature of the person’s spouse, convey and transfer the person’s individual property, real or personal, including the fee simple title to real property, or execute a power of attorney for the conveyance and transfer of property.

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Terms Used In Montana Code 40-2-202

  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: means real and personal property. See Montana Code 1-1-205