Idaho Code
Idaho Code

Idaho Code § 32-712 (2026)

Community property and homestead — Disposition. 

✓ current as of May 2026
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Community property and homestead — Disposition. 

In case of divorce by the decree of a court of competent jurisdiction, the community property and the homestead must be assigned as follows:

1.  The community property must be assigned by the court in such proportions as the court, from all the facts of the case and the condition of the parties, deems just, with due consideration of the following factors:
(a)  Unless there are compelling reasons otherwise, there shall be a substantially equal division in value, considering debts, between the spouses.
(b)  Factors which may bear upon whether a division shall be equal, or the manner of division, include, but are not limited to:
(1)  Duration of the marriage;
(2)  Any antenuptial agreement of the parties; provided, however, that the court shall have no authority to amend or rescind any such agreement;
(3)  The age, health, occupation, amount and source of income, vocational skills, employability, and liabilities of each spouse;
(4)  The needs of each spouse;
(5)  Whether the apportionment is in lieu of or in addition to maintenance;
(6)  The present and potential earning capability of each party; and
(7)  Retirement benefits, including, but not limited to, social security, civil service, military and railroad retirement benefits.
2.  If a homestead has been selected from the community property, it may be assigned to either party, either absolutely, provided such assignment is considered in distribution of the community property, or for a limited period, subject in the latter case to the future disposition of the court; or it may be divided or be sold and the proceeds divided.
3.  If a homestead has been selected from the separate property of either, it must be assigned to the former owner of such property, subject to the power of the court to assign it for a limited period to the other spouse.
Notes of Decisions
Cited in 94 cases (8 in the last 5 years), 1952–2026 · leading case: Barrett v. Barrett, 232 P.3d 799 (Idaho 2010).
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Barrett v. Barrett, 232 P.3d 799 (Idaho 2010). · cites it 23× “I.C. § 32-712 ("In case of divorce by the decree of a court of competent jurisdiction, the community property and the homestead must be assigned.”
Maslen v. Maslen, 822 P.2d 982 (Idaho 1991). · cites it 26× “I.C. § 32-712; Ramsey v. Ramsey, 96 Idaho 672 , 535 P.”
Carr v. Carr, 701 P.2d 304 (Idaho Ct. App. 1985). · cites it 20× “We turn first to the issues concerning the sale of the truck stop. Unless there are compelling reasons to divide community assets unequally, the division of community property in a divorce proceeding should be substantially equal.”
Beesley v. Beesley, 758 P.2d 695 (Idaho 1988). · cites it 20× “Idaho Code § 32-712 (1) requires that community property must be assigned "in such proportions, from all the facts of the case and the conditions of the parties, [as the court] deems just.”
Hentges v. Hentges, 765 P.2d 1094 (Idaho Ct. App. 1988). · cites it 10× “” I.C. § 32-712. The statute enumerates several factors to consider in deciding whether to deviate from substantial equality.”
Kelly v. Kelly, 518 P.3d 326 (Idaho 2022). · cites it 6× “Brandi contends the magistrate court erred because it failed to properly apply Idaho Code section 32-712. While Brandi is correct that section 32-712 addresses the disposition of community property, she fails to recognize that section 32-712(b)(2) directs a court to consider…”
Dunagan v. Dunagan, 213 P.3d 384 (Idaho 2009). · cites it 16× “Additionally, I.C. § 32-712 provides that the trial court must assign community property with due consideration, in part, to any prenuptial agreement of the parties.”
Ross v. Ross, 648 P.2d 1119 (Idaho 1982). · cites it 12× “The statute permits any division of the community property which the trial judge considers just under all the circumstances, I.C. § 32-712, and we deem it desirable to allow the trial judge to make that determination rather than usurping his discretion at this level.”
Chavez v. Barrus, 192 P.3d 1036 (Idaho 2008). · cites it 4× “Idaho Code § 32-712 provides, in pertinent part, as follows: In case of divorce by the decree of a court of competent jurisdiction, the community property and the homestead must be assigned as follows: 2.”
Campbell v. Campbell, 816 P.2d 350 (Idaho Ct. App. 1991). · cites it 16× “See I.C. § 32-712; Hentges v. Hentges, 115 Idaho 192 , 765 P.”
Griffiths v. Griffiths, 469 P.3d 615 (Idaho 2020). · cites it 14× “However, the magistrate court discussed Donna’s employment prospects at length earlier in its memorandum decision analyzing the property division under Idaho Code section 32-712. Additionally, the magistrate court’s findings of fact regarding Donna’s employment prospects are…”
Josephson v. Josephson, 772 P.2d 1236 (Idaho Ct. App. 1989). · cites it 12× “Where the community's stock is publicly traded, a substantially equal division of such stock may satisfy the requirements of I.C. § 32-712. However, where, as here, the community owns stock in a closely held corporation, with majority control in one spouse and with virtually no…”
Show all 94 citing cases →
— Idaho Code § 32-712(1) — 21 cases
Barrett v. Barrett, 232 P.3d 799 (Idaho 2010). “I.C. § 32-712 ("In case of divorce by the decree of a court of competent jurisdiction, the community property and the homestead must be assigned.”
Dunagan v. Dunagan, 213 P.3d 384 (Idaho 2009). “Additionally, I.C. § 32-712 provides that the trial court must assign community property with due consideration, in part, to any prenuptial agreement of the parties.”
Maslen v. Maslen, 822 P.2d 982 (Idaho 1991). “I.C. § 32-712; Ramsey v. Ramsey, 96 Idaho 672 , 535 P.”
Beesley v. Beesley, 758 P.2d 695 (Idaho 1988). “Idaho Code § 32-712 (1) requires that community property must be assigned "in such proportions, from all the facts of the case and the conditions of the parties, [as the court] deems just.”
Shill v. Shill, 599 P.2d 1004 (Idaho 1979).
— Idaho Code § 32-712(1)(a) — 6 cases
Barrett v. Barrett, 232 P.3d 799 (Idaho 2010). “I.C. § 32-712 ("In case of divorce by the decree of a court of competent jurisdiction, the community property and the homestead must be assigned.”
Balderson v. Balderson, 896 P.2d 956 (Idaho 1995).
Golder v. Golder, 714 P.2d 26 (Idaho 1986).
Griffiths v. Griffiths, 469 P.3d 615 (Idaho 2020). “However, the magistrate court discussed Donna’s employment prospects at length earlier in its memorandum decision analyzing the property division under Idaho Code section 32-712. Additionally, the magistrate court’s findings of fact regarding Donna’s employment prospects are…”
Campbell v. Campbell, 816 P.2d 350 (Idaho Ct. App. 1991). “See I.C. § 32-712; Hentges v. Hentges, 115 Idaho 192 , 765 P.”
— Idaho Code § 32-712(1)(b) — 2 cases
Maslen v. Maslen, 822 P.2d 982 (Idaho 1991). “I.C. § 32-712; Ramsey v. Ramsey, 96 Idaho 672 , 535 P.”
Dunagan v. Dunagan, 213 P.3d 384 (Idaho 2009). “Additionally, I.C. § 32-712 provides that the trial court must assign community property with due consideration, in part, to any prenuptial agreement of the parties.”
— Idaho Code § 32-712(1)(b)(5) — 1 case
Miller v. Miller (Idaho 2026).
— Idaho Code § 32-712(2)(1963) — 1 case
Barnes v. Barnes, 15 P.3d 816 (Idaho 2000).
— Idaho Code § 32-712(3) — 1 case
Beesley v. Beesley, 758 P.2d 695 (Idaho 1988). “Idaho Code § 32-712 (1) requires that community property must be assigned "in such proportions, from all the facts of the case and the conditions of the parties, [as the court] deems just.”
— Idaho Code § 32-712(b) — 1 case
Lang v. Lang, 711 P.2d 1322 (Idaho Ct. App. 1985).
— Idaho Code § 32-712(b)(2) — 1 case
Kelly v. Kelly, 518 P.3d 326 (Idaho 2022). “Brandi contends the magistrate court erred because it failed to properly apply Idaho Code section 32-712. While Brandi is correct that section 32-712 addresses the disposition of community property, she fails to recognize that section 32-712(b)(2) directs a court to consider…”
— Idaho Code § 32-712(l) — 1 case
Beesley v. Beesley, 758 P.2d 695 (Idaho 1988). “Idaho Code § 32-712 (1) requires that community property must be assigned "in such proportions, from all the facts of the case and the conditions of the parties, [as the court] deems just.”
— Idaho Code § 32-712(l)(a) — 7 cases
Balderson v. Balderson, 896 P.2d 956 (Idaho 1995).
Smith v. Smith, 860 P.2d 634 (Idaho 1993).
Batra v. Batra, 17 P.3d 889 (Idaho Ct. App. 2001).
Thomas v. Thomas, 809 P.2d 1188 (Idaho Ct. App. 1991).
Golder v. Golder, 714 P.2d 26 (Idaho 1986).
— Idaho Code § 32-712(l)(b) — 1 case
Maslen v. Maslen, 822 P.2d 982 (Idaho 1991). “I.C. § 32-712; Ramsey v. Ramsey, 96 Idaho 672 , 535 P.”
— Idaho Code § 32-712(l)(b)(1965) — 1 case
Barnes v. Barnes, 15 P.3d 816 (Idaho 2000).
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