Detailed Answer

Short overview: When a co-owner refuses to cooperate in dividing inherited real property in Idaho, you may file a partition action in the district court where the property sits. A court-ordered partition forces either a physical division of the land (partition in kind) or a sale with proceeds divided among owners (partition by sale). The process involves title review, attempts at settlement, filing a complaint, service of process, possible appointment of commissioners or a receiver, hearings, and a final decree that divides the property or orders a sale.

1. Confirm ownership and probate status

Check the recorded deed(s) at the county recorder’s office to learn who holds title and how (joint tenants, tenants in common, etc.).
Determine whether the property remains part of a pending probate estate. If the decedent’s estate is still open, coordinate with the personal representative or probate court. If the probate court still controls the property, some actions must wait until estate distribution is complete.
If the property has been distributed to heirs, note each heir’s ownership share and any liens, mortgages, or encumbrances.

2. Try voluntary resolution first (demand letter, negotiation, mediation)

Courts expect co-owners to try to settle before asking a judge to divide property. Common approaches:

Send a written demand offering buyout, sale, or physical division. Keep copies.
Offer mediation or neutral appraisal to set a fair market value.
Document refusals or unreasonable delays — the court will consider this evidence.

3. Hire a lawyer (recommended)

A lawyer experienced in Idaho real property and estate litigation can prepare the complaint, handle court filings and discovery, and argue for distribution of costs, reimbursements for improvements, and allocation of liens. If you cannot afford counsel, consider limited-scope representation or contact the Idaho State Bar for referral services: https://isb.idaho.gov/.

4. File the partition complaint in the correct court

File a civil complaint for partition (sometimes called “Complaint for Partition”) in the Idaho district court for the county where the property is located.
Plead the names and addresses of all record titleholders and any known lienholders or parties who may claim an interest.
Request the relief you want: physical division, sale, appointment of commissioners, accounting for rents/expenses, and allocation of costs.

5. Serve all necessary parties and lienholders

The court requires proper service on every person or entity with a record interest in the property. If you cannot locate an owner, the court provides procedures for service by publication or other alternatives under the rules.

6. Interim relief and possession

An action can seek temporary orders if one cotenant is excluding others, refusing to allow reasonable access, or wasting assets. The court may grant temporary possession, appointment of a receiver to collect rents, or other limited relief pending final resolution.

7. Partition types and court process

Partition in kind: The court divides the property into physically separate parcels when division is practicable and equitable.
Partition by sale: The court orders a sale when physical division is impractical or would cause great prejudice. The property typically sells at public auction or trustee sale under court supervision, and proceeds are distributed after costs and liens are paid.
The court may appoint commissioners (or a commissioner) to survey and recommend division, or it may appoint a receiver to manage the property until sale.

8. Accounting, credits, and distribution

The court’s final order will account for:

Each owner’s share based on title and any agreements.
Reimbursements for necessary improvements or repairs paid by one owner.
Payment of mortgages, taxes, liens, and sale or litigation costs before dividing proceeds.
Allocation of rental income and expenses during litigation.

9. Costs, fees, and attorney fees

Generally, each party pays their own attorney fees unless a statute or contract authorizes fee-shifting or the court finds unjust conduct by a party. The court commonly charges costs of sale and commissioner or receiver fees against the property or out of proceeds before distribution.

10. Practical timeline and considerations

Timing varies: simple partitions may resolve in months if parties cooperate. Contested partitions, complex title issues, or disputes about improvements or credits may take much longer.
If the property has mortgages or tax liens, lenders’ rights must be addressed — lenders may require payoff or continue to enforce their liens after sale.
Keep careful records of improvements, expenses, and communications with co-owners. The court will rely on documentation when allocating credits.

Where to find Idaho law and court rules

For statutory and procedural text, search Idaho statutes and court rules at official sites. These resources will help you and your attorney confirm procedural steps and statutory authority:

Idaho Statutes and searchable code: https://legislature.idaho.gov/statutesrules/idstat/
Idaho Supreme Court and judicial rules (procedures and forms): https://isc.idaho.gov/
Idaho State Bar (lawyer referral and public resources): https://isb.idaho.gov/

Final steps and disposition

After the court enters a final partition decree, follow the court’s directions: transfer deed(s) for divided parcels, approve and implement sale procedures, pay liens and costs, and distribute proceeds. Record any new deeds or transfers at the county recorder to clear title.

Disclaimer

This article explains general Idaho procedures for partition of real property and is intended only for educational purposes. It is not legal advice. For advice tailored to your facts, consult a licensed Idaho attorney.

Helpful Hints

Start by pulling the recorded deed and any recent title report. Knowing exact ownership avoids unnecessary steps.
Send a clear, written settlement demand before filing. Courts expect reasonable attempts to settle.
Document all expenses you pay for the property (taxes, repairs, mortgage payments). You may be entitled to credit.
If a tenant is living on the property and refusing access, seek temporary relief quickly; delay can weaken your position.
Consider a neutral appraisal early to show market value and support buyout or sale valuations.
Ask the court to appoint a receiver when rents or maintenance disputes threaten the property’s value.
Expect the court to prioritize lien and mortgage payments from sale proceeds before distributing net proceeds.
If cost is a concern, ask a lawyer about limited-scope representation (help with pleadings or a specific hearing) or look for free/local legal aid resources.
Keep communications professional and in writing; emotional disputes make litigation costlier.