Detailed Answer — what you need to know under Idaho law

When someone inherits real property with others, the usual result is that the heirs become co‑owners (often “tenants in common”). Each co‑owner owns an undivided share and generally has the right to possess the whole property. If one heir is living in the home and refuses to move or to agree to sell, here are the key legal concepts and typical steps under Idaho law:

1. Confirm ownership and documents

First, gather the will, probate paperwork, deeds, title report, mortgage statements, property tax records, and any communications about occupancy. Confirm whether the heir occupying the property actually holds legal title (an ownership share), has a life estate, or is a tenant. If the estate is still in probate, the personal representative may have duties to manage the property. For probate matters see Idaho Code Title 15: Probate and Administration: https://legislature.idaho.gov/statutesrules/idstat/Title15/.

2. Understand co‑owner rights and limits

Each co‑owner has the right to possess the entire property, but no co‑owner may lawfully exclude another co‑owner without a court order. That means you cannot forcibly change locks, physically remove personal property, or otherwise do a “self‑help” eviction of a co‑owner. If the occupying heir is collecting rental income or otherwise using the property exclusively, other co‑owners may have claims for accounting, rent, or contribution for expenses (mortgage, taxes, repairs).

3. Partition action — the common legal remedy

The standard legal route is a partition action: a civil court case asking the court to divide the property among the co‑owners (“partition in kind”) or, if physical division is impractical, to order a sale and divide the proceeds (“partition by sale”). Partition actions in Idaho are brought in the district court as an action in rem or against the property. See Idaho statutory provisions dealing with civil actions and remedies: https://legislature.idaho.gov/statutesrules/idstat/Title06/.

Typical partition process and outcomes:

• The plaintiff (a co‑owner) files a complaint requesting partition.
• The court may order a survey, appraisals, and attempt division. If the property can be physically divided reasonably, the court may do so.
• If division would be unfair or impractical (for example, a single family house on a lot), the court commonly orders a sale. The sale can be by public auction or a referee/commissioner sale, and net proceeds are divided by ownership shares after liens and costs are paid.
• The court may address payment of property taxes, mortgages, and costs, and sometimes award attorney fees in certain circumstances.

Partition is powerful because it forces a final resolution: it can remove a recalcitrant co‑owner’s physical possession by converting the property to sale proceeds. But a forced sale can be an auction or court‑directed sale that does not always produce full market value.

4. Eviction and ejectment — limitations when the occupant is an owner

If the occupant is a co‑owner, traditional landlord/tenant eviction procedures generally do not apply. You cannot treat a co‑owner as a tenant to effect a quick forcible removal. Instead, use partition or seek a court order requiring the occupant to vacate (for example, in the course of a partition or if the occupant’s conduct amounts to waste or is otherwise unjust). If the occupant is only a tenant (not an owner), ordinary eviction (forcible entry and detainer) procedures apply.

5. Accounting for rent, profits, and expenses

If the occupant has been collecting rents or otherwise exclusively using the property to the economic detriment of other co‑owners, you may seek an accounting in court. The court can order the occupant to pay a fair rental value to the other owners or to account for profits. Co‑owners who benefit from exclusive use may owe compensation, especially if they refused reasonable offers to buy out their share.

6. Alternatives to litigation

Because litigation can be costly and time consuming, consider alternatives first:

• Negotiate a buyout: calculate market value and pay the occupant for their share.
• Mediation: a neutral mediator often helps families reach a sale or buyout agreement quicker than litigation.
• Refinance or sell the property on the open market by agreement among owners.

7. Adverse possession and long‑term occupants

In rare situations, an occupant may attempt an adverse possession claim. Adverse possession requires possession that is actual, open, notorious, hostile, exclusive, and continuous for the statutory period. These claims can be complex and fact‑specific; if you worry about such a claim, consult a lawyer promptly.

8. Practical concerns: costs, time, and market effects

Partition lawsuits take time and money. Court costs, appraisals, survey fees, and attorney fees reduce sale proceeds. If the court orders a forced sale (auction), the sale price may be lower than an agreed private sale. Weigh litigation costs against likely proceeds.

9. Where to look in Idaho law

Statutes governing probate and administration (important when title still transfers through probate) are in Idaho Code Title 15: https://legislature.idaho.gov/statutesrules/idstat/Title15/. Civil remedies (including actions in district court for partition and related remedies) are located in Idaho Code Title 6 and related titles: https://legislature.idaho.gov/statutesrules/idstat/Title06/. For exact statutory sections and procedures, a local attorney or the Idaho statutes pages above can point you to the controlling provisions.

10. When to get an attorney

If a co‑owner refuses to move or sell and informal efforts fail, consult an Idaho real estate or probate attorney. An attorney can evaluate title, advise if partition or accounting claims are best, prepare pleadings, and estimate likely costs and timelines.

Helpful Hints

• Do not attempt self‑help eviction. Changing locks or removing an owner’s belongings can create civil and criminal liability.
• Gather documents: deed, will, probate filings, mortgage and tax records, receipts for repairs, and records of any rental income or offers to buy.
• Try negotiation or mediation first — it is faster and often cheaper than litigation.
• Get a current market appraisal or broker price opinion to support buyout offers or partition planning.
• If you suspect the occupant may claim adverse possession, act quickly and seek legal advice; timelines matter.
• Understand that a court‑ordered sale can produce less than retail market value; weigh the costs of litigation versus settling privately.
• Ask whether mortgage payments, taxes, and insurance are current — unpaid liens can affect the value and what you receive on sale.
• Consider temporary agreements (written occupancy agreements, rent payments to a joint account, or a buyout escrow) to preserve peace while you resolve the dispute.