Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified Idaho attorney for guidance specific to your situation.
Detailed Answer
Under Idaho law, a partition action lets co-owners of real property ask the court to divide or sell shared property when they cannot agree on its use or disposition. You start by filing a complaint in the district court where the property lies. The complaint must name all co-owners and describe the property and each owner’s share. See Idaho Code Title 6, Chapter 3: Partition of Real Property.
1. Types of Partition
The court can order either:
- Partition in kind – Physical division of the land into separate parcels based on each owner’s interest (Idaho Code § 6-308).
- Partition by sale – Sale of the entire property and distribution of net proceeds among owners by percentage share when a fair division isn’t practical (Idaho Code § 6-308).
2. Appointment of Commissioner
Once the court decides how to partition, it appoints a commissioner—often a licensed surveyor or real estate professional—to survey and divide or sell the property. The commissioner must give notice to all parties and file a report with a proposed plan. Owners can object within a specified timeframe, typically 20 days after notice. See Idaho Code § 6-309.
3. Court Confirmation and Distribution
After reviewing the commissioner’s report and hearing any objections, the court issues a confirmation order. If the court orders sale, the commissioner arranges it under court supervision, ensuring a competitive public sale. Net proceeds, after covering costs and commissions, are distributed to owners according to their ownership percentages. See Idaho Code § 6-312.
4. Costs and Fees
Court costs, commissioner fees, survey expenses, and sales commissions come from sale proceeds or are apportioned among co-owners before final distribution. Owners may agree otherwise, but the court’s allocation governs in absence of agreement.
Helpful Hints
- Gather deed records, title insurance, and any agreements showing ownership percentages before filing.
- Discuss buyout options with co-owners—sometimes one owner can purchase others’ interests to avoid court.
- Obtain at least two independent appraisals to support value if planning a sale.
- Be prepared for potential delays—partition actions can take several months from filing to final order.
- Consider mediation before filing to save time and legal costs; Idaho encourages alternative dispute resolution.