Idaho Partition Law
Navigating Idaho Subdivision Partition Laws – Protect Your Property Rights!
In the state of Idaho, any owner of a property has the absolute right to partition the property if he or she no longer wishes to be a co-owner of property. A partition can be filed in one of two ways in Idaho. It can either be a voluntary partition or a judicial partition. A voluntary partition occurs when the two parties agree to separate the land and enter into a contractual agreement as to the partition. If they cannot agree, then a court will hear all relevant evidence and issue a judicial partition after the partition litigation has completed.
There are two ways to divide property. It can either be divided in a partition in kind or a partition by sale. A partition in kind is a physical partition of the property that is done when the property is land or other easily divisible property. In most other situations including buildings, the partition is effectuated by sale, and the home or building is sold at auction, for the proceeds to be divided by the owners.
The way the proceeds are divided depend on the tenancy the owners originally had. In Idaho, the owners could either be tenants in common or joint tenants. Tenants in common can divide the land in whatever percentage interest they originally had. However, joint tenants must divide the land or the proceeds in equal shares.
Idaho is a title theory state, which means that any mortgagor holds title to the property through a deed of trust. This means that the bank or lender will usually be a necessary party to the partition litigation, even though they do not have the right themselves to effectuate a partition of the property.