Short answer

If you and other heirs co-own inherited land in Idaho and you cannot reach a voluntary agreement to sell or divide it, you can force a sale by filing a partition action in the district court where the land is located. A court can order either a physical division (partition in kind) or a sale (partition by sale). In many cases the court will order a sale when the land cannot be fairly divided, when division would substantially impair value, or when the co-owners agree to a sale. A sale can be supervised by the court and may be a private sale if the court approves it.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice specific to your situation, consult a licensed Idaho attorney.

Detailed answer — How the process works under Idaho law

Below is a step‑by‑step explanation of the usual options and the courtroom procedure you would use to force the sale of co‑owned inherited land in Idaho.

1. Confirm ownership and the estate status

Make sure title is clear about who currently owns the land. If the property is still titled in the decedent’s name, it may be estate property subject to probate administration.
If the estate is open, the personal representative (executor/administrator) may have authority to sell estate real property under the probate code, but often needs either the will’s authorization or court approval. See Idaho probate statutes: Idaho Code Title 15 (Probate and Affidavits).

2. Try non‑litigation solutions first

Discuss a buyout. One or more co‑owners can buy the others’ shares at a negotiated price or based on an appraisal.
Agree to a private sale and split proceeds. If all co‑owners agree to sell privately, they can arrange sale terms and distribute proceeds according to ownership shares.
Use mediation. A mediator can help the heirs reach a binding agreement without court intervention.

3. When to file a partition action

If negotiation fails, the typical legal remedy is a partition action. In Idaho, partition actions are governed by the state’s civil procedure and property statutes (see the Idaho statutes on partition). Generally:

A co‑owner files a complaint in the district court in the county where the property lies, asking the court to divide or sell the property.
The court will determine each party’s ownership interest, hear evidence about whether the land can be physically divided, and decide whether a partition in kind or a sale best serves the owners’ interests.

See Idaho Code partition provisions: Idaho Code Title 6, Chapter 3 (Partition).

4. Partition in kind vs. partition by sale

Partition in kind: The court divides the land into separately owned parcels that match the owners’ shares. The court orders it when division is practical and fair.
Partition by sale: The court orders a sale and divides the sale proceeds according to ownership shares. Courts commonly order sale when dividing the land physically is impractical, would reduce value, or cannot be done fairly.
Private sale vs. public sale: Idaho courts may approve the method of sale. If co‑owners or the court choose a private sale (negotiated sale to a buyer), the court usually requires notice and court confirmation to protect each owner’s rights. If a private sale doesn’t produce a fair result, the court can order a public auction or other method.

5. What the court will consider

Whether the property can be divided without materially impairing its value.
The nature and location of the land and its improvements (e.g., a single house on one parcel often cannot be split fairly).
Any agreements among co‑owners or terms in the decedent’s estate documents that affect disposition.
Liens, mortgages, taxes, and creditor claims against the property or estate.

6. Who pays costs, and how are proceeds distributed?

The court can order that costs of partition (attorneys’ fees in limited circumstances, appraisals, sale expenses, commissions, and court costs) be paid out of sale proceeds or apportioned among the parties.
Net proceeds are normally divided according to each party’s legal interest in the property after satisfying liens and claims.

7. Practical timeline and likely expenses

Partition litigation takes several months to a year or longer depending on complexity, title issues, and court schedules.
Costs include filing fees, attorney fees, appraisal fees, title searches, and sale costs. These costs reduce the net proceeds from sale.

Helpful hints — preparing to pursue a partition or sale

Gather documents: deed(s), death certificate, probate papers, title report, mortgage/loan documents, tax records, and any correspondence with co‑owners.
Get an appraisal: A current market appraisal helps you assess whether a buyout or sale is fair and supports court valuations.
Talk to the co‑owners in writing: Attempt a good‑faith offer to buy out or sell. Courts look favorably on parties who tried to resolve matters before filing suit.
Consider mediation: Many courts encourage or require mediation in property disputes. A mediated settlement saves time and costs.
Check for liens and taxes: Outstanding liens, mortgages, or unpaid property taxes must be addressed before clean distribution of sale proceeds.
Expect court supervision for private sales: If you propose a private sale, be prepared to ask the court to approve the buyer and price to protect all heirs’ interests.
Estimate net proceeds: Subtract expected costs (commission, closing costs, liens, taxes, court-ordered expenses) from the expected sales price to evaluate offers or buyouts accurately.

When to hire an attorney

Talk to an Idaho attorney if:

Co‑owners refuse to cooperate and you want to force a sale.
Title or probate questions are complicated (e.g., will contests, unknown heirs, creditor claims).
Large debts or liens attach to the property or the estate.

An attorney can file the partition action, help document ownership interests, obtain appraisals, protect your procedural rights, and request the appropriate sale method from the court.

Key Idaho statutory references

Partition statutes: Idaho Code Title 6, Chapter 3 (Partition).
Probate and representative powers: Idaho Code Title 15 (Probate and Affidavits).

Bottom line

If negotiation with your co‑heirs fails, a partition action in Idaho district court is the standard legal route to force sale of inherited land. Courts prefer division in kind when fair and practical, but they will order sale when division would be impractical or unfair. Before you file suit, gather documents, get an appraisal, try mediation, and consult an Idaho attorney to evaluate the likely outcome and costs.