Detailed Answer
Under Idaho law, a partition action is the court procedure used to divide or sell real property when two or more people own it together and cannot agree on what to do. If you co-own a house with your sister and she refuses to “sign off” or agree to sell, you can ask the district court in the county where the property is located to force a partition by sale (or, in limited situations, a partition in kind).
What a partition action does
A partition action asks the court to either physically divide the property (partition in kind) or order the property sold and divide the proceeds among the owners (partition by sale). Courts order partition in kind only when a fair physical division is practical and will not substantially impair value. More commonly, courts order a sale and division of proceeds when physical division would be impractical for a single-family house.
Where to find the law
Idaho’s statutory scheme for partition actions is in the Idaho Code. See the statutes for partition for full text and procedural details: Idaho Code — Title 6, Chapter 3 (Partition). You will also need to follow Idaho’s civil procedure and service rules available through the Idaho judicial branch.
Step-by-step: How to file a partition action in Idaho
- Confirm ownership and identify all interested parties. You must name every person or entity with an ownership interest or lien on the property (co-owners, mortgage holders, judgment lienholders, heirs, trusts). If someone with an interest is not joined, a sale may be delayed or reversed.
- Decide venue. File in the Idaho district court for the county where the property is located.
- Prepare the complaint for partition. The complaint should state:
- That you and the defendant(s) own the real property together;
- The legal description and street address of the property;
- Each party’s claimed ownership share (if known);
- A request for relief: partition in kind if feasible, or partition by sale; appointment of a commissioner or referee to handle sale; and an accounting and distribution of proceeds;
- A request that all lienholders be required to state their claims so the court can determine priorities at sale.
- Gather supporting documents. Include copies of deeds, title report or preliminary title information, mortgage or lien documents, tax records, and any written communications that show the inability to agree.
- File the complaint with the district court and pay filing fees. The clerk’s office will provide a case number, instructions on filing, and fee information. Many counties list local filing rules and forms on their court website.
- Serve the summons and complaint on all parties and lienholders. Proper service (personal service, substituted service, or service by publication when a party cannot be found) is critical. If service is defective, the court may delay the case.
- Responding pleadings and preliminary motions. Co-owners can answer, file counterclaims, or ask for dismissal. Parties sometimes ask the court for a temporary injunction (for example, to prevent one owner from occupying the house exclusively or removing fixtures) until the partition is resolved.
- Discovery and valuation. Expect an appraisal or other valuation process. The court may order an accounting of rents, profits, expenses, and mortgage payments to adjust each owner’s share.
- Hearing and order for partition. The court will determine whether partition in kind is practical or whether a sale is necessary. If sale is ordered, the court typically appoints a commissioner, referee, or special master to manage the sale under court supervision.
- Sale and distribution. The property is sold (often at public auction or private sale under court rules). Proceeds pay liens, sale costs, and court-ordered expenses. Remaining funds are distributed according to ownership shares after any required credits or adjustments.
Important practical points specific to Idaho
- The court’s primary statutes and procedures for partition are found in the Idaho Code (see the partition chapter): Idaho Code — Title 6, Chapter 3.
- Make sure you join or notify mortgage holders and other lienholders; their claims generally must be satisfied from sale proceeds in priority order.
- If your co-owner claims a homestead or other exemption, the court will consider that claim in allocating proceeds. You should be prepared to deal with any exemption claims.
- Idaho courts may require an appraisal and may appoint a commissioner to handle advertising, sale, and confirmation under court supervision.
How long will it take and what will it cost?
Time and cost vary. A straightforward case (where all parties cooperate and no significant title disputes exist) can resolve in a few months. Contested cases, title defects, many lienholders, or delays in service can extend the case to a year or more. Expect court filing fees, service costs, appraisal fees, commissioner or auction fees, attorney fees (if you hire counsel), and costs of sale to be deducted from proceeds.
Alternatives to filing
- Negotiation or buyout: Offer to buy your sister’s share or let her buy yours. A written buyout agreement can be faster and cheaper.
- Mediation: Mediation can help reach a settlement without court costs and delay.
- Refinance or payoff liens: Sometimes refinancing or paying off liens clears obstacles and makes a voluntary sale possible.
When to hire an attorney
Consider hiring a local real estate litigator when:
- Title or ownership is unclear;
- There are multiple lienholders or complex encumbrances;
- Your co-owner actively contests ownership, occupancy, or the sale;
- You need help with service, discovery, or valuation disputes.
Where to get forms and local rules
Check the Idaho Judicial Branch or county district court web pages for local filing instructions and any available forms. The Idaho Supreme Court and district courts maintain resources for litigants: Idaho Judicial Branch / Idaho Supreme Court.
Helpful Hints
- Gather title documents and deeds before you file. A clear chain of title speeds the case.
- Identify all mortgage and lienholders early and list their contact information in the complaint.
- Get a current appraisal so you and the court have an objective valuation.
- Keep careful records of payments, improvements, rent, and expenses as these affect the accounting and distribution.
- Consider mediation or a buyout offer before filing; settlement often saves time and money.
- Act promptly to preserve evidence and avoid claims of laches or unclean hands by the court.
- If you cannot locate a co-owner, work with the court clerk about service by publication—this takes extra time and strict compliance with procedural rules.
- Ask the court about asking for interim relief (for example, exclusive possession or injunctions) if your co-owner’s conduct threatens the property’s value.
Disclaimer: This information explains general legal concepts under Idaho law and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation and help preparing or filing pleadings, consult a licensed Idaho attorney.