Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Idaho, co-owners of real estate—whether tenants in common or joint tenants—can ask the district court to force a sale through a partition action. Under Idaho Code Title 6, Chapter 3, any owner may file a complaint for partition in the county where the property lies.
1. Filing the Complaint: The plaintiff (the owner seeking partition) files a complaint in the district court. The complaint must describe the property, the nature of each owner’s interest, and the relief sought.
2. Service and Response: The court issues a summons. All co-owners named as defendants receive service. Defendants then have 20 days to answer or otherwise respond under Idaho Rules of Civil Procedure.
3. Partition in Kind vs. Sale: Idaho Code § 6-302 requires the court to divide the land “in kind” if it can be done fairly. If division in kind would unduly harm the value or is impractical, the court must order a sale instead. See Idaho Code § 6-302: Partition in kind; when sale ordered.
4. Appointment of Commissioners: When the court orders a sale, it appoints three disinterested commissioners. These commissioners appraise the property, conduct a public auction, and certify the sale to the court.
5. Sale Procedures: The sale must follow Idaho Code § 6-305. The commissioners advertise the property, accept bids at public auction, and sell to the highest bidder. After sale, they report the net proceeds. The court then distributes funds to each owner based on their ownership share, after deducting costs and any liens.
6. Final Decree: Once the court confirms the sale and distribution, it enters a final decree. That decree extinguishes the co-ownership and conveys fee simple title to the purchaser.
Helpful Hints
- Review title documents early to confirm ownership shares.
- Consider mediation before filing to reduce legal fees and delay.
- Collect recent appraisals to support requests for partition in kind or sale.
- Locate all co-owners to avoid default judgments and delays.
- Budget for court costs, commissioner fees, and advertising expenses.
- Consult a real estate attorney to navigate local rules and deadlines.