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Is Montana a “community property” state?

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Is Montana a “community property” state?

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No. In Montana, the marital estate includes property and assets belonging to either person, however and whenever acquired. MCA 40-4-202(1). From this “marital estate”, the Court will make an “equitable” distribution. This means that the Court is given considerable discretion to distribute the assets and property in a manner the Court determines to be fair. Equitable does not always mean equal.

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