Montana Code 70-29-104. Who must be parties — permissible plaintiffs
70-29-104. Who must be parties — permissible plaintiffs. (1) The following must be parties to an action for partition:
Terms Used In Montana Code 70-29-104
- Devise: To gift property by will.
- Dower: A widow
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: means real and personal property. See Montana Code 1-1-205
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(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.