Detailed Answer
If you think you have an ownership interest in real property that your parents own and you want to confirm the percentage before the property is sold, follow a clear, document-driven process. Under Idaho law, ownership rights depend on what was recorded (deeds, trusts, wills) and how title was taken (for example, joint tenancy, tenancy in common, or ownership through a trust or probate). This section explains the practical steps and legal concepts to help you determine your percentage interest.
1. Start with the recorded deed(s)
Visit the recorder’s office in the county where the property sits or use the county recorder’s online records. The recorded deed typically names the current owners and often shows how title was conveyed. Look for language such as “as joint tenants,” “with right of survivorship,” or “as tenants in common.” If the deed specifies shares (for example, “to A 75% and B 25%”), those words control. If the deed conveys property to multiple people but does not state percentages, ownership is often presumed equal unless earlier deeds in the chain specify otherwise.
For general Idaho statutes on property recording and deeds see Idaho Code Title 55 (Property): https://legislature.idaho.gov/statutesrules/idstat/title55/.
2. Trace the chain of title
Ownership percentage can change over time when owners sell or receive portions of title. Order or review the chain of title (all recorded instruments affecting ownership). A full title search or an abstract of title will show transfers, conveyances, and any language that allocated shares. If you find an earlier deed that allocated specific fractional interests, that allocation may still control.
3. Check for trusts, wills, and probate records
If your parents placed the property into a trust, or if a probate case distributed the property, the trust document or probate order may control ownership rather than the last deed you see. Check the county probate court docket for any open or closed probate cases. For basic Idaho probate law information, see Idaho Code Title 15 (Probate and Trusts): https://legislature.idaho.gov/statutesrules/idstat/title15/.
4. Determine the form of co-ownership
Common forms of co-ownership that affect percentage are:
- Tenants in common — owners hold separate fractional interests (which may be equal or unequal if the deed states percentages).
- Joint tenancy with right of survivorship — owners generally hold equal shares and when one owner dies the others automatically succeed to the whole (survivorship), unless the deed or later action severs that right.
- Ownership through a trust — the trustee holds legal title; beneficiaries hold equitable interests under the trust document.
Read deed language carefully to identify which form applies. If the form is unclear, a title professional or attorney can interpret the instruments and Idaho case law.
5. Use title reports and professionals
If recorded documents don’t clearly state a percentage, hire a title company or a real property attorney to run a full title search and prepare a preliminary title report or abstract of title. Title companies routinely identify the recorded chain and any gaps, liens, or deeds that specify fractional interests. A licensed attorney can also spot unrecorded agreements, equitable claims, or situations that may require court resolution.
6. When disputes or uncertainty remain — court remedies
If ownership percentage remains contested or if a proposed sale is imminent and you need a legal determination, Idaho law provides civil remedies such as actions to quiet title or partition. A partition action asks the court to divide (or force sale and division of proceeds) according to each party’s ownership share; a quiet title action asks the court to resolve conflicting claims to title. For information on Idaho civil procedure chapters that apply to property actions, see Idaho Code Title 6 (Civil Procedure): https://legislature.idaho.gov/statutesrules/idstat/title6/.
7. Practical example (hypothetical)
Suppose your parents deeded their home “to Parent A and Child B” in 1995 with no further language. Later, Parent A recorded a deed “to Parent A and Child B as joint tenants with right of survivorship.” That later recorded deed would usually create a joint tenancy with equal shares. If instead Parent A’s deed transferred 75% to Parent A and 25% to Child B, that deed establishes the fractional ownership. If deeds conflict, an attorney or court may be needed to determine which instrument controls.
8. Timing and immediate steps if a sale is pending
- Obtain and copy the most recent deed from the county recorder.
- Request a preliminary title report from a title company immediately.
- Search the county probate docket to confirm there is no pending probate that affects title.
- If you find language that suggests a specified fractional interest, provide that to the seller or listing agent and the title company.
- If the seller or another party disputes your interest, consult a real estate attorney right away about temporary court relief (for example, to stop an imminent sale or to file for partition/quiet title).
Important: Recorded documents control most ownership questions. Where recorded instruments are ambiguous, or where equitable claims exist (for example, contributions to purchase or improvements), legal advice and possibly litigation may be necessary.
Disclaimer: This is general information about Idaho law and not legal advice. Consult a licensed Idaho attorney for advice about your specific situation.
Helpful Hints
- Gather documents before contacting anyone: deed copies, property tax notices, mortgage statements, homeowner’s insurance declarations, trust documents, and any written agreements.
- Check the county recorder’s online records first — many counties post recorded deeds and instrument images.
- Order a preliminary title report from a title company; it’s faster and cheaper than a full attorney review and often answers ownership questions.
- If deeds don’t show percentages, look for earlier deeds in the chain that might allocate fractional interests.
- If your name is in a trust, obtain a copy of the trust document — it may govern distribution and ownership rights even if your name is not on the deed.
- Do not sign away rights or accept a quick payout without confirmed documentation and, if in doubt, legal advice.
- If the property is being sold imminently, notify the title company or closing agent about your claim and provide copies of supporting documents.
- When in conflict, get an attorney experienced in Idaho real property and probate to evaluate options such as quiet title or partition actions.