Short answer

If you own an interest in real property in Idaho with others (for example, an interest you inherited from a deceased parent) and those co-owners will not agree to a voluntary sale or buyout, you can ask the district court to partition the property. If the court finds physical division is impractical, it can order a sale and divide the net proceeds among the owners. Idaho’s partition statutes are in Title 6, Chapter 3 of the Idaho Code: https://legislature.idaho.gov/statutesrules/idstat/Title06/T06CH03/.

Who can file and when to consider filing

Anyone who holds a present ownership interest in the property—such as a tenant in common or an heir with a recorded interest—can file a partition action. Typical situations that lead to partition include:

• Heirs disagree about keeping or selling the decedent’s house.
• One owner wants out but others refuse to sell or buy their share.
• Co-owners live far apart or cannot physically divide the land.

Before filing, check whether the property is still part of a probate estate. If the decedent’s estate is open, the personal representative should be involved; if a personal representative has title to the property, the estate administrator or executor may need to participate. If you aren’t sure, contact the probate clerk in the county where the decedent lived or where the property sits.

Step-by-step: How to start a partition action in Idaho

1. Confirm ownership and prepare documentation.

   Gather the deed(s), the decedent’s death certificate, any probate documents (letters testamentary or letters of administration), mortgage or lien information, property tax records, and a legal description of the property.

2. Decide the correct court and file the complaint.

   Partition actions in Idaho are generally filed in the district court where the property is located. The complaint (sometimes called a petition) should identify all owners and persons with recorded interests, state the type and extent of each party’s interest, describe the property, and request partition in kind or partition by sale if in kind is impracticable.

3. Name and serve all interested parties.

   Every person who holds an interest in the property (recorded owners, lienholders, mortgagees, and others with a legal claim) must be named and properly served with the complaint. The court will not order sale or division without giving interested parties notice and opportunity to be heard.

4. Ask the court for an order to appoint commissioners (if needed).

   Idaho courts commonly appoint commissioners or referees to examine the land, determine whether partition in kind is feasible, and, if a sale is required, to handle the sale procedures and report back to the court.

5. Valuation, reports, and possible sale.

   The court can order an appraisal or require commissioners to solicit bids. If division in kind is impracticable, the court will order a sale—often by public auction or private sale under court supervision—and distribute proceeds after paying liens, costs, and commissions.

6. Final accounting and distribution.

   After sale, the court reviews the proposed distribution, ensures liens and costs are paid, and signs an order distributing net proceeds to the parties according to their ownership shares and any judgments affecting priority.

What the law says (statutory guidance)

Idaho’s partition procedure and remedies are codified in Title 6, Chapter 3 of the Idaho Code. That chapter explains who may seek partition, how property may be divided, and the court’s authority to order sale when physical division is impractical: Idaho Code, Title 6, Chapter 3 (Partition). Review the chapter for statutory language governing commissioners, sales, costs, and distribution. If the property is subject to probate or a personal representative holds title, consult the probate provisions of Title 15 for applicable duties and procedures.

Practical issues and common obstacles

• Mortgages and liens continue to attach to the property; liens generally must be paid from sale proceeds and can affect the distribution.
• If one co-owner is in possession, they may seek credit for improvements or occupancy; courts consider such adjustments when distributing proceeds.
• Partition in kind (physically splitting land) is preferred only if it’s fair and practical; houses on small lots are often sold instead of divided.
• Costs — court fees, appraisals, attorney fees, and commissioner fees — reduce net proceeds. Consider whether a negotiated buyout or private sale reduces costs and delays.

Helpful hints

• Before filing, try mediation or a settlement talk. Courts often encourage resolution without litigation.
• Get a current market appraisal or at least a broker’s opinion of value so you understand likely proceeds.
• Collect titles and lien information from the county recorder’s office and a title company to ensure you name everyone with an interest.
• If the property sits in an open probate, coordinate with the personal representative—filing while the estate is still being administered can complicate matters.
• Consider the county where the property sits for venue and practical issues like local auction rules and real estate markets.
• Talk with a local attorney about timelines, typical costs, and whether a partition action or another remedy (like a buyout) better fits your situation.

How an attorney can help

An attorney can: prepare and file the complaint, ensure all interested parties are properly served, represent you at hearings, handle negotiations or mediation, secure appraisals, and guide the sale process. Because partition cases raise title, probate, and family issues, local counsel who handles real property and probate litigation can protect your rights and help maximize the outcome.