Short answer

Yes — under Idaho law a court that orders partition has broad equitable authority to appoint an officer (often called a commissioner, referee, or special master) to carry out a sale. While courts commonly direct a public sale (auction), a court can approve a private sale to a particular buyer if the court finds the private sale is fair, provides the best practical value to the estate, and all required notices and protections for co‑owners and creditors are satisfied.

How partition sales typically work in Idaho

A partition action asks the court to divide ownership interests in real property among co‑owners. Idaho courts prefer partition in kind (physically dividing property) when practical, but when in‑kind division is impossible or impractical, the court orders a sale and distributes proceeds among the parties.

To carry out a sale the court frequently appoints a commissioner or referee to marshal, advertise, and sell the property and to report back to the court. The court supervises the sale process, authorizes expenses, and approves the final sale and distribution. See Idaho statutes and court rules for the procedure governing partition actions and sale implementation; courts also rely on equitable powers to shape relief.

When a court will consider a private sale to a specific buyer

A private sale (sale by negotiated contract to a particular buyer rather than a public auction) can be approved, but the court will evaluate several factors, including:

• Whether the private sale produces a fair market value or otherwise maximizes the sale proceeds for the benefit of all co‑owners;
• Whether parties and interested creditors received proper notice and an opportunity to object;
• Whether any co‑owner is selling their interest to a related buyer or insider and whether the transaction needs additional scrutiny for conflicts;
• Whether adequate evidence (appraisals, broker opinions, inspection reports, proof of funds) supports the sale price;
• Whether the proposed commissioner has the experience and independence to carry out the sale and protect the estate’s interests.

Courts are more likely to approve a private sale when it is shown that a public sale would produce lower proceeds, would be impractical, or when the buyer is paying a premium that benefits all owners.

How to ask the court to appoint a commissioner and approve a private sale (step‑by‑step)

1. File a written motion with the court in your partition case asking the court to: (a) appoint a commissioner/referee to conduct the sale, and (b) authorize a privately negotiated sale to the named buyer (include the buyer’s identity, purchase price, and key sale terms).
2. Support the motion with evidence: a current appraisal or broker price opinion, listing history, buyer’s proof of funds or pre‑approval, and a proposed order appointing the commissioner and approving sale terms.
3. Provide proper notice: serve the motion and proposed sale terms on all co‑owners, lienholders, and other interested parties so they can object or submit higher offers. Idaho procedure requires notice to interested parties in partition matters; the court will verify notice before approving a private sale.
4. Propose objective sale protections: offer mechanisms such as a short public upset‑bid period, court‑supervised confirmation hearing, or escrow holding the proceeds until the court approves distribution. Courts often require safeguards to ensure the estate receives fair consideration.
5. Attend the hearing: be prepared to explain why a private sale is superior to a public auction and to respond to objections from co‑owners or creditors.
6. If the court approves, have the commissioner follow the court’s directions, file a report of sale, and ask the court to confirm the sale and direct distribution of proceeds.

Evidence the court will want to see

• Independent appraisal or multiple broker price opinions showing the proposed sale price is reasonable.
• Comparative sales data for the area and property type.
• The buyer’s proof of funds or financing commitment.
• The terms of the sale contract, including contingencies and closing timeline.
• Evidence that the private sale process includes notice and an opportunity for higher offers or objections.

Typical court protections and conditions

To approve a private sale, courts often impose one or more of the following conditions:

• Requiring the sale to be reported to the court and confirmed in a hearing;
• Allowing an upset‑bid period during which other buyers can submit higher offers;
• Retaining the sale proceeds in court or escrow pending resolution of liens or distribution accounting;
• Appointing an independent, bonded commissioner or setting responsibilities and compensation in the court order;
• Requiring disclosures of any relationships between seller/co‑owners and the buyer or commissioner.

Practical tips before you file your motion

• Get a current appraisal or broker opinion before proposing a private sale price.
• Document why a public sale would be inferior (market conditions, cost of marketing, unique buyer terms such as a quick close or as‑is premium).
• Notify co‑owners early to reduce surprise objections and consider negotiating consent from co‑owners to streamline approval.
• Propose a neutral, experienced commissioner with a clear scope of duties and a fee structure.
• Be ready to agree to conditions the court may impose (upset bids, escrow of funds, confirmation hearing).

Where to look in Idaho law and practice materials

Idaho statutes and court rules govern partition procedure and the court’s equitable powers. For statutory text and legislative resources, start at the Idaho Legislature’s statutes and rules pages: https://legislature.idaho.gov/statutesrules/. For court rules and practice guidance, see the Idaho Courts website and local district court rules: https://isc.idaho.gov/.

Because practice varies by county and judge, review local rules and recent partition decisions in the relevant Idaho judicial district before filing a motion.

When to consult a lawyer

If co‑owners contest the sale, if there are complex liens or tax issues, or if large sums are at stake, consult an Idaho attorney experienced in real property litigation and partition actions. An attorney can prepare the motion, marshal evidence, propose appropriate protective conditions, and argue the request at hearing.