Short answer

If you and your ex still hold title together, your main options in Idaho are: negotiate a buyout or transfer; mediate a settlement; ask a court to divide the property (a partition action) — which can result in either a division in kind or a court-ordered sale — or, in certain situations, use foreclosure or quiet-title remedies. Most people start with negotiation or mediation; if those fail, a partition action in district court is the usual way to force a sale.

How these options work — detailed explanation

1) Look first to your divorce decree and title documents

Check the divorce decree, property settlement agreement, and the deed. A final divorce order may already direct how the property should be transferred or sold. If the decree ordered one spouse to take full title but the deed was not changed, you may be able to get a court order enforcing the decree or a quiet-title action to clear title.

2) Negotiate a buyout or sale by agreement

Practical, least-cost solution: have one owner buy the other’s interest (paying a fair market buyout), refinance to remove the other spouse from any mortgage, or agree to sell the property and split proceeds. Put any agreement in writing and record deeds as needed.

3) Mediation or collaborative settlement

Mediation is common and court-ordered in some Idaho family courts. A trained mediator helps you reach a settlement about sale, buyout price, timing, and allocation of closing costs, taxes, and improvements. Mediation can save time and attorney fees.

4) Partition action (force sale or division by the court)

If you cannot reach agreement, file a partition action in the appropriate Idaho district court where the property lies. A partition action asks the court to either:

• Partition in kind — divide the land physically if the court finds it can be fairly divided without materially reducing value; or
• Partition by sale — order the property sold and divide net proceeds among co-owners according to their ownership interests.

A judge will consider practicalities (whether the property can be divided without prejudice) and may appoint a commissioner to handle the sale. Partition actions are the standard legal mechanism to force a sale when co-owners disagree.

5) Quiet-title and enforcement of divorce orders

If your divorce decree awarded the property to one spouse but title wasn’t transferred, you can ask the court to enforce the decree or bring a quiet-title action to have title corrected. This is different from partition because it enforces an existing ownership allocation rather than splitting property between co-owners.

6) Foreclosure or lien remedies (limited situations)

If there is an outstanding mortgage and an owner defaults, the lender can foreclose. Similarly, if you have a legal lien (for example, for unpaid judgment), you may be able to enforce it against the property. These are specialized remedies and can produce unintended results, so consult an attorney before pursuing them.

7) Accounting, credits, and offset issues

In a partition or settlement, courts and parties often account for contributions each person made: mortgage payments, taxes, insurance, repairs, and improvements. The court may award credits or adjust shares to reflect unequal contributions or expenses paid after divorce. Keep detailed records of payments and improvements you made after separation.

8) Costs, timeline, and outcomes

Negotiation or mediation may take weeks to a few months. A contested partition action can take many months and involve filing fees, survey costs, appraisal fees, commissioner and auction costs, and attorney fees. Outcomes include a negotiated buyout, a deed transfer, a partition in kind, or a public sale with proceeds divided.

Practical steps to take now

1. Gather documents: deed(s), mortgage statements, the divorce decree and settlement, tax bills, proof of payments, receipts for improvements, and any correspondence about the property.
2. Talk to your ex about buyout or sale options. Attempt written offers and record responses.
3. Consider mediation or a settlement conference — cheaper and faster than litigation.
4. Consult a real-estate or family law attorney who handles Idaho partition and post-divorce title issues to evaluate likely costs and outcomes.
5. If needed, prepare to file a partition action in Idaho district court where the property is located — your attorney will explain procedure and required proofs.

Relevant Idaho resources and statutes

For the text of Idaho statutes and to search specific code sections, use the Idaho Legislature’s official statutes website: https://legislature.idaho.gov/statutesrules/idstat/.

For court forms, self-help information, and contact info for Idaho courts, see the Idaho Courts website: https://isc.idaho.gov/self-help.

Courts will apply Idaho civil procedure and property rules when handling partition, quiet-title, and enforcement matters. If you want exact statutory citations for partition, post‑divorce relief, or fee awards, an Idaho-licensed attorney or the state statutory code above can identify the controlling sections that apply to your situation.

Helpful Hints

• Start with the divorce decree: it may already resolve ownership. If it doesn’t, assume both owners retain whatever title was left on the deed.
• Record-keeping matters: bank records, cancelled checks, and receipts strengthen claims for credits or reimbursements in court.
• Mediation can reduce fees and preserve control over timing and sale price.
• Be realistic about costs: a forced partition can reduce net proceeds because of court, appraisal, and sale costs.
• Refinancing to remove the other owner from a mortgage can be a clean solution if the buyer and lender agree.
• Don’t let tax and insurance payments lapse during disputes — unpaid obligations can create liens or other problems.
• If you are served with a partition suit, respond promptly and get legal advice to protect your interests and present credits or defenses.