Idaho Code

Idaho Code § 55-104 (2026)

Interests in common.

✓ current as of May 2026

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Interests in common.

Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, or unless acquired as community property.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1956–2025 · leading case: Suchan v. Suchan, 682 P.2d 607 (Idaho 1984).

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Suchan v. Suchan, 682 P.2d 607 (Idaho 1984). · cites it 4× “The procedure for doing so was probably suggested by I.C. § 55-104: 55-104. Interests in common.”

Ogilvie v. Idaho Bank & Trust Co., 582 P.2d 215 (Idaho 1978). · cites it 4× “I.C. § 55-104. A distinguishing incident of joint tenancy is the right of survivorship, whereby the death of one joint tenant terminates the joint tenancy and vests complete title in the surviving joint tenant.”

Zimmerman v. Spickelmire (In Re Spickelmire), 433 B.R. 792 (Bankr. D. Idaho 2010). · cites it 4× “20 Idaho Code § 55-104 indicates that property is held in common unless held by a partnership.”

Chase v. Reid, 348 P.2d 473 (Idaho 1960). · cites it 2× “I.C. § 55-104 reads in part as follows: “Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, or unless…”

In Re Chase's Est., 348 P.2d 473 (Idaho 1960). · cites it 2× “I.C. § 55-104 reads in part as follows: "Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, or unless…”

In Re Est. of Cooke, 524 P.2d 176 (Idaho 1974). · cites it 2× “" Section 55-104 of the Idaho Code, first enacted in 1887, provides in pertinent part that: "Every interest created in favor of several persons in their own right is an interest in common, unless * * * declared in its creation to be a joint interest, or unless acquired as…”

Wilson v. Comm'r, 56 T.C. 579 (Tax Ct. 1971). “55-104 (1957) provides, in part: Every interest created *135 in favor of several persons in their own right is an interest in common, * * * unless declared in its creation to be a joint interest * * * Under this section, the intention of the parties, ascertained in the light of…”

Greene v. Cooke, 524 P.2d 176 (Idaho 1973). · cites it 2× “” Section 55-104 of the Idaho Code, first enacted in 1887, provides in pertinent part that: “Every interest created in favor of several persons in their own right is an interest in common, unless * * * declared in its creation to be a joint interest, or unless acquired as…”

Gray v. Gray, 304 P.2d 650 (Idaho 1956). “” Our statute, abrogating the common law rule of joint tenancy, does not abolish such tenancy.”

Anderson v. The Est. of Goffman (Idaho Ct. App. 2025). · cites it 2× “” Idaho Code § 55-104 provides: “Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, or unless acquired as…”

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