Montana Property Law

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Commonly Asked Questions about Montana Property Law

How long until property is considered abandoned in Montana?

814 - ABANDONED PROPERTY. (1) Property left unattended for more than 48 hours may be impounded, except where otherwise posted.

Is Montana a separate property state?

Montana is an equitable division state, not a community property state. The difference is Montana courts weigh multiple legal factors to determine an equitable division of the marital estate versus the assumption that all property is community property regardless each spouses contributions.

Is Montana a 50/50 state in divorce?

When it comes to property distribution law, Montana is an equitable distribution state, which means that instead of dividing all marital property equally down the middle (50-50), the marital property is divided in a fair and impartial manner.

Is inheritance a separate property in Montana?

Inheritance is generally considered separate property in Montana, protecting it from division during divorce proceedings. Assets acquired during the marriage are typically viewed as marital property, with some exceptions like individual inheritances and gifts.

What are the estate laws in Montana?

If you are unmarried and die without a valid will and last testament in Montana, then your entire estate goes to any surviving children in equal shares, or grandchildren if you dont have any surviving children. If you die intestate unmarried and with no children, then by law, your parents inherit your entire estate.

Can you still homestead property in Montana?

Note: Total amount depends on multiple factors, most importantly the assessed value of your property. *Beginning in 2021 at $350,000, the value of a filed Montana Homestead Declaration increases 4% every year, thus in year 2024 the amount is $393,702.

How are assets divided in Montana divorce?

During the divorce process, Montana judges equitably divide all marital property between the spouses. They base the division on a range of factors, including: The length of the marriage. The age and health of the parties.

Is Montana a common property state?

Montana does not recognize community property, which means that everything in a marriage is not jointly owned in this state. The state does, however, recognize marital property, which is acquired after the couples union.