Equitable Division

Family Farm or Ranch: Sell or Keep Intact?

Marriage of Ortiz, In re, 938 P.2d 1308, 282 Mont. 500 (Mont. 1997)

"...a family farm or ranch should be kept intact and operated as a unit upon a marriage dissolution whenever there is a reasonable means of providing a wife her equitable share of the marital property short of selling the land." In re Marriage of Bell (1986), 220 Mont. 123, 127, 713 P.2d 552, 555 (quoting In re Marriage of Gomke (1981), 192 Mont. 169, 172, 627 P.2d 395, 396)." 

"In fact, it is well established that "[t]he policy of keeping a family ranch intact cannot be used to deprive a spouse of his or her equitable share of the marital estate." In re Marriage of Tonne (1987), 226 Mont. 1, 5, 733 P.2d 1280, 1283. See also In re Marriage of Garst (1983), 206 Mont. 89, 96, 669 P.2d 1063, 1067."

Here, the District Court ordered the ranch sold because that was the only way wife could get her share of the value of the ranch. Husband who wanted to keep and pay her half over time simply did not realistically pay her.