Terms Used In Montana Code 70-29-401

• Heirs property: means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:

  (a)there is no agreement in a record binding all the cotenants that governs the partition of the property;

  (b)one or more of the cotenants acquired title from a relative, whether living or deceased; and

  (c)any of the following applies:

  (i)20% or more of the interests are held by cotenants who are relatives;

  (ii)20% or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or

  (iii)20% or more of the cotenants are relatives. See Montana Code 70-29-402