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Mont. Code Ann. § 70-29-209

Compensation of one party by another in certain cases of partition

Applied in 1 court decision — leading case FTR Farms v. Rist Farm (2020)

Most recently applied in FTR Farms v. Rist Farm (May 2020)

En

(1) When it appears that a partition cannot be made equal between the parties according to their respective rights without prejudice to the rights and interests of some of them and a partition is ordered, the court may adjudge compensation to be made by one party to another on account of the inequality. However, the compensation may not be required to be made to others by owners unknown or by a minor unless it appears that the minor has personal property sufficient for that purpose and that the minor's interest will be promoted.

(2) In all cases, the court may make compensatory adjustment between the respective parties according to the ordinary principles of equity.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.