Short overview (what happens next): To start a partition action in Idaho a lawyer will need proof that you own an interest in the real property, clear information about the property, evidence of any liens or encumbrances, and documentation that helps explain the dispute among co‑owners (leases, payments, improvements, communications). Your attorney uses those items to prepare the complaint, name the parties, and ask the court either (a) to divide the property physically (partition in kind) or (b) to sell the property and divide the proceeds (partition by sale).

Where to file and basic procedure

Idaho partition cases are civil actions filed in the district court of the county where the property sits. The court will require the complaint, service on all co‑owners and interested parties, and supporting proof of ownership and interests. The court may appoint a commissioner to conduct a sale if the property cannot be practically divided. For the Idaho statutes and the current code organization, see the Idaho Legislature’s statute pages: https://legislature.idaho.gov/statutesrules/idstat/.

Documents and information your lawyer will want immediately

• Deed(s) and chain of title: Copies of the recorded deed that shows your ownership interest and any earlier deeds that clarify how ownership was created (warranty deed, quitclaim, survivorship deed). If you have a title report or abstract, provide it.
• Property legal description and parcel number: The full legal description (not just the street address) from the deed or the county assessor’s record and the parcel/tax ID number.
• Current and past tax statements: Recent property tax bills and records showing who paid taxes and when.
• Mortgage, lien, and encumbrance documents: Copies of recorded mortgages, liens, judgments, mechanic’s liens, or notices that affect the property, plus payoff figures if available.
• Survey and plat maps: Any recent boundary survey, plot plan, or subdivision plat that shows how the property is laid out. If no survey exists, tell your attorney whether you expect a survey will be necessary.
• Leases, rental records, and income data: If the property is rented, provide current leases, security deposit records, rent rolls, bank deposits from rents, and any property management agreements.
• HOA or CCRs: Homeowners association documents, covenants, conditions and restrictions, bylaws, and any fines or notices from the HOA.
• Insurance and claims: Current hazard insurance declarations, claims history, and communications with insurers.
• Evidence of contributions and improvements: Receipts, invoices, canceled checks, or bank records showing payments for mortgage, taxes, utilities, repairs, or capital improvements. This helps establish each co‑owner’s financial contributions.
• Communications among co‑owners: Copies of emails, letters, text messages, or notes about offers to buy, requests to divide, money owed between owners, or agreements about use of the property.
• Possession and use evidence: Photos showing partition of use or occupation, proof of who lived where and when, and any notices to vacate or demands to partition.
• Identification and contact details for all owners and interested parties: Full names, last known addresses, phone numbers, and relationship to the property for all co‑owners, lienholders, and parties with recorded interests.
• Court documents and prior agreements: Any prior court filings, settlement agreements, buy‑out offers, or signed agreements about ownership shares or sale procedures.
• Title insurance policy: If you have a title insurance policy, include the full policy and endorsements; it can speed title issues and claims review.

Additional facts that help your lawyer evaluate the case

• How the ownership began (inheritance, purchase, gift, divorce, business purchase).
• Each owner’s fractional interest (if known) or how ownership was intended to be split.
• Any attempts already made to negotiate a buyout, rent split, or informal sale.
• Whether the property is income producing, vacant, or occupied by one co‑owner.
• Any dispute about boundaries, improvements, or adverse possession claims.

What your lawyer does with these materials

1. Confirm ownership and identify all necessary parties to name in the complaint.
2. Research recorded interests, liens, and measures needed to protect your share (e.g., lis pendens).
3. Decide whether to seek partition in kind (divide the land) or partition by sale, and explain pros/cons.
4. Draft and file the complaint for partition, obtain service on co‑owners, and manage discovery.
5. Work with appraisers and surveyors if the court needs valuations or a new survey.
6. Advise about settlement options, mediation, or buyout offers that could avoid sale.

Common complications to anticipate

• Conflicting or incomplete title records that require quiet title actions.
• Recorded liens or mortgages that must be paid or handled in the sale process.
• Undisclosed heirs or missing owners who are hard to locate for service.
• Disputes over the value of improvements or who paid for major repairs.
• Practical difficulties dividing certain parcels (easements, shared wells, access).

Timeline and likely costs

Partition cases vary. Simple cases where owners agree can resolve in months. Contested cases with title issues, multiple lienholders, or sales through a court‑appointed commissioner can take a year or longer. Costs include court filing fees, service costs, title searches, surveyor and appraiser fees, possible commissioner or trustee fees, and attorney fees. Ask your attorney for an estimate and a written fee agreement.

Helpful Hints

• Collect certified copies of deeds from the county recorder to avoid missing pages or attachments.
• Order a current title report or preliminary title commitment early.
• Get a recent property survey if boundaries or division are likely to matter.
• Organize financial records (tax payments, mortgage payments, receipts) by date and payer.
• Preserve written communications; take dated photos of the property and improvements.
• Provide full contact information for any heirs or absent owners you know about.
• Discuss mediation or a negotiated buyout with your attorney before filing; it can save time and money.
• Ask your lawyer whether provisional steps (like recording a lis pendens or maintaining insurance) are necessary to protect your interest while the case proceeds.