Common Montana Real Estate Forms documents

  • Purchase Agreement — sets the price, contingencies, and closing terms for the sale of residential or commercial property.
  • Warranty Deed — transfers real property ownership with the grantor's guarantee that the title is clear of encumbrances.
  • Quitclaim Deed — conveys whatever interest the grantor holds in a property without title warranties, often used between family members.
  • Residential Lease Agreement — establishes the terms of a rental arrangement, including rent, duration, and tenant obligations.
  • Month-to-Month Rental Agreement — creates a short-term leasehold that either party can terminate with proper notice.
  • Land Contract — allows a buyer to purchase property through installment payments directly to the seller while the seller retains legal title.
  • Lease-Purchase Agreement — combines a rental period with an option or obligation for the tenant to buy the property at a set price.

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FAQs

Real property — sometimes called immovable property — includes land and anything permanently affixed to it, such as buildings, fixtures, and appurtenances. Personal property, by contrast, covers movable items that are not attached to the land. The distinction matters in Montana because different legal rules govern how each type is transferred, taxed, and encumbered.

Recording is not required for a deed to be legally valid between the parties, but it is strongly advisable. Recording with the county clerk and recorder provides public notice of the ownership transfer and protects the new owner against later competing claims or liens.

A beneficiary deed — also known as a transfer-on-death deed — lets a property owner name a beneficiary who automatically receives the real estate at the owner's death without the property going through probate. The owner retains full control of the property during their lifetime and can revoke or change the deed at any time.

A residential rental typically starts with a written lease or rental agreement covering the premises, rent amount, deposit, lease term, and the rights and responsibilities of both parties. Move-in checklists and lease addenda for pets or utilities are also common.

No. A purchase agreement is a contract that records the agreed terms of a sale — price, contingencies, and closing conditions — but it does not itself transfer title. The deed is the document that actually conveys ownership from the seller to the buyer and is recorded after closing.

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