Montana Code 70-29-102. Action by minor
70-29-102. Action by minor. (1) An action for the partition of real property may not be brought by a minor, except by the written authority of the district judge of the county in which the property or a part of the property is situated. The authority may not be given unless the district judge is satisfied, by affidavit or other competent evidence, that the interests of the minor will be promoted by bringing the action.
Terms Used In Montana Code 70-29-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Property: means real and personal property. See Montana Code 1-1-205
(2)A judgment for a partition may not be rendered in an action unless the court is satisfied that the interests of the minor will be promoted and that fact is expressly recited in the judgment.
(3)A guardian ad litem for a minor party, in an action for partition, may be appointed only by the court or judge and shall give an undertaking in a sum fixed by the judge for the faithful discharge of the guardian ad litem’s trust. The undertaking must be approved by the judge and filed with the clerk.