Idaho Code
Idaho Code

Idaho Code § 6-512 (2026)

Partition — Sale — Referees. 

✓ current as of May 2026 Cite as: Idaho Code § 6-512 (2026)
Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Partition — Sale — Referees. 

If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint, to the satisfaction of the court, that the property, or any part of it, is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale thereof. Otherwise, upon the requisite proofs being made, it must order a partition according to the respective rights of the parties as ascertained by the court, and appoint three (3) referees therefor; and must designate the portion to remain undivided for the owners whose interests remain unknown, or are not ascertained.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2003–2023 · leading case: Nordgaarden v. Kiebert
Sort: Relevance Newest Treatment
Nordgaarden v. Kiebert (2023) idaho · cites it 6× “See Idaho Code §§ 6-512 , 6-513. Because the district court ordered a sale of the property, it was unnecessary for the district court to appoint referees in this case.”
Mary Pandrea v. Kenneth Barrett (2016) idaho · cites it 6× “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 ascertained by the…”
Cox v. Cox (2003) idaho · cites it 4× “I.C. § 6-512. The district court determined partitioning the Pack River house would result in great prejudice because the property includes one house and one bam, preventing an equal division of the property.”
Demoney-Hendrickson v. Larsen (2023) idaho · cites it 2× “] Finally, section 6-512 provides: If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint, to the satisfaction of the court, that the property, or any part of it, is so situated that partition…”
Ark Land Co. v. Harper (2004) wva · cites it 2× “§ 668-7 (1993); Idaho Code § 6-512 (Lexis 1998); 735 Ill.”
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.