Partition Action Complaint - Idaho

COMPLAINT FOR PARTITION OF REAL PROPERTY

IN THE DISTRICT COURT OF THE [______] JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [______]

COMPLAINT FOR PARTITION

COMES NOW Plaintiff [PLAINTIFF NAME], by and through undersigned counsel, and for Plaintiff's Complaint against Defendants alleges as follows:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] is [an individual residing in / an entity organized under the laws of] [________________________________] and holds an undivided interest in the Subject Property described below.

2. Defendant [DEFENDANT NAME] is, upon information and belief, [an individual / entity] whose last known address is [________________________________] and is a cotenant of, or claims an interest in, the Subject Property.

3. The following persons are joined as Defendants pursuant to Idaho Code § 6-502 because each holds or may claim an interest, lien, or encumbrance in the Subject Property:

☐ [ADDITIONAL COTENANT], holder of an undivided [____] interest.
☐ [MORTGAGEE / LIENHOLDER / DEED OF TRUST BENEFICIARY], Instrument No. [____________].
☐ All unknown owners, heirs, and persons claiming any right, title, lien, or interest in the Subject Property.

4. This Court has subject-matter jurisdiction under Idaho Code § 6-501 and Idaho Const. Art. V, § 20.

5. Venue is proper in [______] County because the Subject Property (or part thereof) is situated therein. Idaho Code § 5-401.

II. THE SUBJECT PROPERTY

6. The real property at issue (the "Subject Property") is situated at [________________________________], [______] County, Idaho, and is more particularly described as:

[INSERT FULL LEGAL DESCRIPTION]

County Parcel / Tax No.: [____________]
Instrument No. / Book & Page: [____________]
Commonly Known As: [________________________________]

III. NATURE OF TITLE AND COTENANCY SHARES

7. The Subject Property is held by the parties as [tenants in common / joint tenants / parceners], one or more of whom holds an estate of inheritance, for life, or for years, in the following undivided shares (Idaho Code § 6-501):

8. Plaintiff acquired Plaintiff's undivided interest by:

☐ Warranty Deed / Quitclaim Deed from [__________] dated [__/__/____], recorded as Instrument No. [____________].
☐ Intestate succession / devise from the Estate of [__________], Case No. [____________].
☐ Other: [________________________________].

IV. ENTITLEMENT TO PARTITION

9. The parties hold the Subject Property in undivided shares and can no longer hold and enjoy it in common to their mutual advantage. Plaintiff desires to sever Plaintiff's interest and is entitled to partition as a matter of right under Idaho Code § 6-501.

10. Plaintiff knows of no agreement, will, or other provision binding all cotenants that bars or governs the partition of the Subject Property.

V. PARTITION IN KIND vs. PARTITION BY SALE

11. Partition in kind (preferred). The Subject Property [can / cannot] be divided in kind among the cotenants according to their respective rights without great prejudice to the owners.

12. Partition by sale. In the alternative, if it appears that partition cannot be made without great prejudice to the owners, Plaintiff requests that the Court order a sale of the Subject Property (or part thereof) at public auction and a division of the net proceeds among the cotenants according to their respective interests, pursuant to Idaho Code § 6-525 and § 6-527.

13. The Subject Property [consists of a single residence on a [____]-acre parcel / is unimproved acreage / other: ______], and the following facts bear on whether division in kind is practicable: [________________________________].

VI. ACCOUNTING AMONG COTENANTS

14. An accounting is necessary to adjust the equities among the cotenants. Plaintiff requests that, in connection with the partition or the distribution of sale proceeds, the Court credit and charge the cotenants as follows:

15. Contribution. A cotenant who has advanced more than their proportionate share of taxes, secured debt, insurance, and necessary preservation expenses is entitled to contribution and an equitable credit against the shares of the other cotenants.

16. Ouster / rents offset. [Defendant has been in sole and exclusive possession of the Subject Property since [__/__/____] and has excluded Plaintiff therefrom, entitling Plaintiff to a credit for the reasonable rental value of Plaintiff's share / Defendant has collected rents from third parties for which Defendant must account].

17. Owelty. If any partition in kind cannot be made in exact proportion to the parties' interests, Plaintiff requests that the Court direct an equalizing money payment (owelty) so that the division is just and proportionate in value.

VII. APPOINTMENT OF REFEREES

18. Plaintiff requests that the Court appoint three (3) disinterested referees pursuant to Idaho Code § 6-512 to view and partition the Subject Property in kind where practicable, to survey as necessary, and to report to the Court; or, if the Court orders a sale, to conduct or oversee the sale at public auction and report the proceeds for distribution.

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment as follows:

A. Determining the respective rights, interests, and shares of the parties in the Subject Property;

B. Ordering partition of the Subject Property in kind among the cotenants according to their respective interests, with owelty as needed;

C. Alternatively, if partition in kind cannot be made without great prejudice to the owners, ordering a sale of the Subject Property at public auction and distribution of the net proceeds among the cotenants according to their respective interests, pursuant to Idaho Code § 6-525 and § 6-527;

D. Appointing three referees pursuant to Idaho Code § 6-512 to effect the partition or sale and report to the Court;

E. Taking and stating an accounting among the cotenants and awarding credits, charges, contribution, and offsets as set forth above;

F. Awarding costs of partition, including reasonable attorney fees and referees' fees, apportioned among the parties in proportion to their interests, pursuant to Idaho Code § 6-538; and

G. Granting such other and further relief as the Court deems just and equitable.

VERIFICATION

STATE OF IDAHO )
) ss.
COUNTY OF [______] )

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I am the Plaintiff in the above-entitled action; that I have read the foregoing Complaint for Partition and know the contents thereof; and that the same is true to my own knowledge, except as to matters stated on information and belief, and as to those matters I believe them to be true.

_________________________________
[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [__________], 20[____].

_________________________________
Notary Public for Idaho
Residing at: [______]
My commission expires: [__/__/____]

[NOTARY SEAL]

DATED this [____] day of [__________], 20[____].

_________________________________
[ATTORNEY NAME]
Idaho State Bar No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY, STATE, ZIP]
Telephone: [____________]
Email: [____________]
Attorney for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that on the date noted below, a true and correct copy of the foregoing COMPLAINT FOR PARTITION was served upon the following parties (or their counsel of record) by the method(s) indicated:

☐ Personal service pursuant to Idaho R. Civ. P. 4;
☐ U.S. Mail, postage prepaid;
☐ Service by publication as to unknown or unlocatable parties;
☐ The Idaho Statewide Electronic Filing System (iCourt / Odyssey eFileID),

addressed as follows:

[SERVICE LIST WITH NAMES AND ADDRESSES]

DATED this [____] day of [__________], 20[____].

_________________________________
[ATTORNEY NAME], Idaho State Bar No. [____________]
Attorney for Plaintiff

SOURCES AND REFERENCES

• Idaho Code § 6-501 (When Partition May Be Had) — https://law.justia.com/codes/idaho/title-6/chapter-5/section-6-501/
• Idaho Code § 6-502 (Contents of Complaint; Parties)
• Idaho Code § 6-512 (Appointment of Referees)
• Idaho Code § 6-525 (Sale When Partition in Kind Would Cause Great Prejudice)
• Idaho Code § 6-527 (Sale; Public Auction; Notice)
• Idaho Code § 6-538 (Costs of Partition; Apportionment)
• Idaho Code Title 6, Chapter 5 (Partition of Real Estate) — https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH5/
• Idaho R. Civ. P. 4 (Process) and Rule 8 (Pleading)

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Idaho partition proceeds under Idaho Code Title 6, Chapter 5, using the traditional three-referee model; Idaho has not adopted the Uniform Partition of Heirs Property Act, so there is no statutory cotenant-buyout safeguard for inherited (heirs) property. Consult a licensed Idaho attorney and a title insurer before filing.