Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Eligibility and Co-owner Consent
Under Idaho law, only co-owners of real property may seek partition. Co-owners hold title as tenants in common or joint tenants. An action begins when one co-owner files a petition or when all co-owners submit written consent. See I.C. § 6-401.
2. Filing the Partition Petition
The initiating co-owner files a complaint for partition in the district court of the county where the property is located. The petition must include:
- A legal description of the property.
- Names and service addresses of all co-owners.
- The nature and extent of each co-owner’s interest.
See I.C. § 6-402.
3. Service of Process
Serve the petition and summons on each co-owner under the Idaho Rules of Civil Procedure. After service, file proof with the court to establish jurisdiction over all parties.
4. Determining Partition Type
The court assesses whether a partition in kind (physical division) is equitable and practicable. If a fair division is impractical, the court may order a public sale. Partition in kind standards appear in I.C. § 6-404.
5. Appointment of a Commissioner
Idaho law authorizes the court to appoint a disinterested commissioner to carry out the partition. The commissioner’s duties include surveying, dividing parcels, or conducting an auction sale. See I.C. § 6-406.
6. Sales, Reporting, and Distribution
If the property is sold, the commissioner must publish notice, hold a public auction, receive bids, and record the sale. The commissioner then files a report and accounting with the court. After the court confirms the report, proceeds are distributed to each co-owner according to their ownership percentage. See I.C. § 6-407.
Helpful Hints
- Confirm co-ownership interests via title documents before filing.
- Obtain a recent survey to support a partition in kind.
- Discuss alternatives with co-owners—consent can streamline the process.
- Budget for court fees, commissioner compensation, and sale costs.
- Consider hiring an attorney with experience in Idaho real estate litigation.