Idaho Code
Idaho Code

Idaho Code § 6-541 (2026)

Unequal partition — Compensation. 

✓ current as of May 2026
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Unequal partition — Compensation. 

When it appears that partition cannot be made equal between the parties, according to their respective rights, without prejudice to the rights and interests of some of them, and a partition be ordered, the court may adjudge compensation to be made by one party to another on account of the inequality; but such compensation shall not be required to be made to others by owners unknown, nor by an infant, unless it appears that such infant has personal property sufficient for that purpose, and that his interest will be promoted thereby. And in all cases the court has power to make compensatory adjustment between the respective parties according to the ordinary principles of equity.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1987–2023 · leading case: Nordgaarden v. Kiebert, 527 P.3d 486 (Idaho 2023).
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Nordgaarden v. Kiebert, 527 P.3d 486 (Idaho 2023). · cites it 10× “Idaho Code § 6-541 . The statute recognizes that great prejudice does not result simply because the resulting parcels do not have the same exact fair market value.”
Troupis v. Summer, 218 P.3d 1138 (Idaho 2009). · cites it 4× “” I.C. § 6-541 (emphasis added). Accordingly, because the statutory language clearly vests the district court with equitable powers to apportion the proceeds of the sale of jointly held property after sale, the argument that the Court loses jurisdiction when the property is sold…”
Suchan v. Suchan, 741 P.2d 1289 (Idaho 1987). · cites it 4× “We do note that the agreement reached by the parties themselves displayed some regard for I.C. § 6-541 and its provisions for unequal partition and compensatory adjustment.”
Demoney-Hendrickson v. Larsen, 527 P.3d 520 (Idaho 2023). · cites it 2× “See I.C. § 6-541 (“[I]n all cases the court has power to make compensatory adjustment between the respective parties according to the ordinary principles of equity.”
FTR Farms v. Rist Farm, 305 Neb. 708 (Neb. 2020). “Code § 873-250 (2015); Idaho Code Ann. § 6-541 (2010); 735 Ill. Comp.”
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