Idaho Code
Idaho Code § 6-501 (2026)
When partition may be had.
✓ current as of May 2026
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When partition may be had.
When several cotenants hold and are in possession of real property as parceners, joint tenants or tenants in common, in which one (1) or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one (1) or more of such persons for a partition thereof, according to the respective rights of the persons interested therein, and for a sale of such property, or a part thereof, if it appears that a partition cannot be made without great prejudice to the owners.
Notes of Decisions
Cited in 15
cases (5 in the last 5 years), 1988–2026 · leading case: Wilson v. Mocabee, 467 P.3d 423 (Idaho 2020).
Wilson v. Mocabee, 467 P.3d 423 (Idaho 2020). “Mocabee argues the district court’s denial of his motion in limine was an abuse of discretion because the deed is unambiguous and evidence outside the deed itself was inadmissible. An action for partition asks the court to divide property owned by multiple co-tenants based on…”
Troupis v. Summer, 218 P.3d 1138 (Idaho 2009). “When several cotenants hold and are in possession of real property as parceners, joint tenants or tenants in common, in which one (1) or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one (1) or more of such persons…”
Nordgaarden v. Kiebert, 527 P.3d 486 (Idaho 2023). “See generally Idaho Code § 6-501 . However, a trial court “may order a sale of the property if a partition cannot be made without great prejudice.”
Mary Pandrea v. Kenneth Barrett, 369 P.3d 943 (Idaho 2016). “” I.C. § 6-501. She also claims it violates Idaho Code section 6-512 which states that a court may partition by sale if another partition would result in great prejudice and otherwise that the court “must order a partition according to the respective rights of the parties as…”
Demoney-Hendrickson v. Larsen, 527 P.3d 520 (Idaho 2023). “See I.C. § 6-501. Three statutes address the analytical steps that a district court must follow when deciding a partition action.”
Zimmerman v. Spickelmire (In Re Spickelmire), 433 B.R. 792 (Bankr. D. Idaho 2010). “6, 2008, Trustee amended his complaint to assert two causes of action: first, a claim for partition of the Property under Idaho Code § 6-501 , et seq. 11 and, second *798 and alternatively, sale under § 363(h).”
Eric Bowman v. Washington Trust Bank, 281 P.3d 1070 (Idaho 2012). “The Bowmans contend that if Ryan defaults on the promissory note, the Trustee may foreclose the deed of trust on Ryan’s one-quarter undivided interest in the trust’s commercial property, subsequent to which an I.C. § 6-501 action to partition that property may be initiated.”
Brewer v. Washington RSA No. 8 Ltd. P'ship, 184 P.3d 860 (Idaho 2008). “Excluded tenants in common may also seek the fair rental value of common property. See Cox v. Cox, 138 Idaho 881, 886 , 71 P.”
Cox v. Cox, 71 P.3d 1028 (Idaho 2003). “Idaho Code § 6-501 (2002). The district court may order a sale of the property if a partition cannot be made without great prejudice.”
Olsen v. Olsen, 765 P.2d 130 (Idaho 1988). “One of his claims sought a sale of the residence under I.C. § 6-501, which provides: 6-501. When partition may be had.”
Duncan v. Fackrell (Idaho Ct. App. 2024). “See generally Idaho Code § 6-501 . 2 However, a trial court “may order a sale of the property if a partition cannot be made without great prejudice.”
Dawn A. Maciosek v. Victor G. Dow (Idaho Ct. App. 2026). “; see I.C. § 6-501. Second, the district court determines the parties’ respective ownership interests in the subject property.”
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