Idaho Code
Idaho Code

Idaho Code § 32-713 (2026)

Community property and homestead — Order for disposition. 

✓ current as of May 2026
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Community property and homestead — Order for disposition. 

The court, in rendering a decree of divorce, must make such order for the disposition of the community property, and of the homestead as in this chapter provided, and, whenever necessary for that purpose, may order a partition or sale of the property and a division or other disposition of the proceeds.

Notes of Decisions
Cited in 11 cases, 1960–2020 · leading case: Smith v. Smith, 473 P.3d 837 (Idaho 2020).
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Smith v. Smith, 473 P.3d 837 (Idaho 2020). · cites it 8× “See I.C. § 32-713. The district court’s original jurisdiction over marriage dissolution is extended to the magistrate division.”
Nelson v. Evans, 464 P.3d 301 (Idaho 2020). · cites it 2× “”); I.C. § 32-713 (“The court, in rendering a decree of divorce 7 limitation.”
Chavez v. Barrus, 192 P.3d 1036 (Idaho 2008). · cites it 2× “Similarly, I.C. § 32-713 provides: “The court, in rendering a decree of divorce, must make such order for the disposition of the community property, and of the homestead____” The policy underlying these statutes is evident.”
Barrett v. Barrett, 232 P.3d 799 (Idaho 2010). · cites it 4× “Idaho Code § 32-713 reiterates this obligation: "[t]he court, in rendering a decree of divorce, must make such order for the disposition of the community property.”
BORLEY v. Smith, 233 P.3d 102 (Idaho 2010). · cites it 2× “The court has the power under Idaho Code sections 1-1603 and 1-1901, to enforce its orders.”
Rose v. Rose, 353 P.2d 1089 (Idaho 1960). · cites it 2× “The court by its decree allowed the party thirty days within which to arrive at an agreement as to a division or disposition of the property, retaining- jurisdiction in the event of their inability to agree, and provided for appraisement and sale as authorized by I.C. § 32-713.…”
Olsen v. Olsen, 765 P.2d 130 (Idaho 1988). · cites it 2× “I.C. § 32-713 requires the court in rendering a decree of divorce to order disposition of the community property of the divorcing parties, “and, whenever necessary for that purpose, may order a partition or sale of the property and a division or other disposition of the proceeds.”
Huskinson v. Huskinson, 453 P.2d 569 (Idaho 1969). · cites it 2× “Rose, supra, this court noted that ■“The court by its decree allowed the party [sic: parties] thirty days within which to arrive at an agreement as to a division or disposition of the property, retaining jurisdiction in the event of their inability to agree, and provided for…”
Larson v. Larson, 88 P.3d 1210 (Idaho 2004). “IDAHO CODE § 32-713 (1996). In appropriate circumstances, the trial court can also award property to one spouse and order the other to make payments over a reasonable period of time to equalize the division.”
Smith v. Smith (Idaho 2020). · cites it 8× “See I.C. § 32-713. The district court’s original jurisdiction over marriage dissolution is extended to the magistrate division.”
Larson v. Larson, 88 P.3d 1212 (Idaho Ct. App. 2003). · cites it 2× “See I.C. § 32-713. The magistrate elected partition but ordered Michael to reimburse Billie for one-half of the diminution of the ranch’s value as a result of the partition.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.