72-9-101. Short title. This part shall be known and may be cited as the “Uniform Disposition of Community Property Rights at Death Act”. History: En. Sec. 1, Ch. 395, L. 1989; Sec. 72-6-101, MCA 1991; redes. 72-9-101 by Code Commissioner, 1993.
72-9-102. Application. This part applies to the disposition at death of the following property acquired by a married person: (1) (a) all personal property, wherever situated, that was acquired as or became and remained community property under the laws of another jurisdiction; and (b) all or the proportionate part of that property acquired with the rents, issues, or income […]
72-9-103. Rebuttable presumptions. In determining whether this part applies to specific property, the following rebuttable presumptions apply: (1) property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or to have become and remained […]
72-9-104 through 72-9-106 reserved.
72-9-107. Disposition upon death. Upon death of a married person, one-half of the property to which this part applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the Uniform Probate Code. One-half of that property is the property of the decedent and is subject […]
72-9-108. Perfection of title of surviving spouse. If the title to any property to which this part applies was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the district court or by execution of an instrument by the personal representative or the heirs […]
72-9-109. Perfection of title of personal representative, heir, or devisee. If the title to any property to which this part applies is held by the surviving spouse at the time of the decedent’s death, the personal representative or an heir or devisee, as those terms are defined in 72-1-103, of the decedent may institute an action […]
72-9-110. Purchaser for value or lender. (1) If a surviving spouse has apparent title to property to which this part applies, a purchaser for value or a lender taking a security interest in the property takes the purchaser’s or lender’s interest in the property free of any rights of the personal representative or an heir or […]
72-9-111 through 72-9-113 reserved.
72-9-114. Creditor’s rights. This part does not affect rights of creditors with respect to property to which this part applies. History: En. Sec. 8, Ch. 395, L. 1989; Sec. 72-6-114, MCA 1991; redes. 72-9-114 by Code Commissioner, 1993.
72-9-115. Acts of married persons. This part does not prevent married persons from severing or altering their interests in property to which this part applies. History: En. Sec. 9, Ch. 395, L. 1989; Sec. 72-6-115, MCA 1991; redes. 72-9-115 by Code Commissioner, 1993.
72-9-116. Limitations on testamentary disposition. This part does not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person. History: En. Sec. 10, Ch. 395, L. 1989; Sec. 72-6-116, MCA 1991; redes. 72-9-116 by Code Commissioner, 1993.
72-9-117 through 72-9-119 reserved.
72-9-120. Uniformity of application and construction. Any person applying and interpreting this part shall do so as to make uniform the law with respect to the subject of this part among those states that enact it. History: En. Sec. 11, Ch. 395, L. 1989; Sec. 72-6-120, MCA 1991; redes. 72-9-120 by Code Commissioner, 1993.
