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 hold or may claim interests in the Subject Property. Plaintiff identifies each known interest as specifically as available under Idaho Code § 6-502 and has reviewed recorded conveyances and liens under § 6-503:

☐ [ADDITIONAL COTENANT], holder of an undivided [____] interest.
☐ [MORTGAGEE / LIENHOLDER / DEED OF TRUST BENEFICIARY], Instrument No. [____________].
☐ Unknown owner or interest holder: [DESCRIBE KNOWN FACTS AND WHY THE NAME OR SHARE IS UNKNOWN].

Any request to serve an absent or unknown party by publication will be supported by the affidavit and property-description requirements of Idaho Code § 6-506 and the applicable summons rule.

4. This Court has jurisdiction to hear this partition action under Idaho law. Plaintiff seeks the relief authorized by Idaho Code § 6-501.

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 are in possession of it as cotenants, subject to any exclusion alleged in paragraph 16. Plaintiff seeks partition under Idaho Code § 6-501 according to the parties' established rights.

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 the evidence establishes that partition cannot be made without great prejudice to the owners, Plaintiff requests a court-ordered sale of the Subject Property or the affected part under Idaho Code § 6-512. A referee sale must follow the public-auction and notice requirements of § 6-524, with proceeds distributed according to established interests and applicable liens.

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. Plaintiff requests an equitable adjustment for documented taxes, secured debt, insurance, and necessary preservation expenses paid beyond Plaintiff's share, to the extent the evidence and applicable law support it.

16. Ouster / rents offset. [Defendant has been in sole possession since [__/__/____] and excluded Plaintiff by the following conduct: [FACTS] / Defendant collected the following third-party rents: [FACTS] / Neither allegation applies]. Plaintiff requests any rental-value credit or accounting that the proved facts and applicable law permit.

17. Unequal partition. If a partition in kind cannot be made equal according to the parties' rights without prejudice, Plaintiff requests that the Court consider an equalizing payment under Idaho Code § 6-541, subject to its protections for unknown owners and minors.

VII. APPOINTMENT OF REFEREES

18. If the Court orders partition in kind, Plaintiff requests appointment of three (3) referees under Idaho Code § 6-512, or one referee if the parties consent under § 6-546, to carry out the court's order and report. If the Court orders sale, Plaintiff requests a sale conducted under the applicable provisions of Chapter 5, including § 6-524.

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 under Idaho Code §§ 6-512 and 6-524 and distribution of proceeds according to established interests and applicable liens;

D. Appointing referees as required by Idaho Code § 6-512, subject to the parties' consent to a single referee under § 6-546;

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

F. Allocating partition costs, including referee fees and reasonable counsel fees expended for the common benefit, under Idaho Code § 6-545, with any costs of litigation among only some parties allocated as that section permits; 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

SOURCES AND REFERENCES

• Idaho Code § 6-501 (When Partition May Be Had) — https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH5/SECT6-501/
• Idaho Code § 6-502 (Contents of Complaint; Interests) — https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH5/SECT6-502/
• Idaho Code § 6-503 (Recorded Conveyances and Liens) — https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH5/SECT6-503/
• Idaho Code §§ 6-512, 6-524 (Partition, Sale, Referees, Auction and Notice) — https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH5/SECT6-512/
• Idaho Code §§ 6-541, 6-545, 6-546 (Compensation, Costs, and Single Referee) — https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH5/SECT6-541/
• 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. Confirm current title, interests, service, and relief with Idaho counsel before filing.