Legal Question in Real Estate Law in Idaho

Re: Property inherited by two siblings

For a definitive answer, you'll have to hope an Idaho lawyer chimes in. If the property were in California, the remedy would be a lawsuit asking for "partition." In the old days, this meant splitting the farm in two. In modern times with laws regulating subdivision and the impracticality of physically dividing urban property, partition is now usually accomplished by sale of the co-owned property and division of the net proceeds.

Partition suits are fairly common, and since partition is a co-owner's right except in unusual cases (e.g. where there has been as express or implied waiver of the right through, for example, a right of first refusal between the owners), suits usually don't go all the way to trial and judgment. Instead, the reluctant owner sees the handwriting on the wall and there is a buy-out offer or a non-coerced, out-of-court private sale.

Re: Property inherited by two siblings

I should add that Idaho probably has very similar laws regarding partition. Also, even when a partition case goes to trial, the sale would probably not be a courthouse-steps auction like a tax sale or foreclosure, but the judge would more likely appoint a trustee or referee to employ a broker and sell the property through normal commercial means. This does not insure the best price, of course, because the court will want to get the matter wound up and off its calendar, and would be prone to order a sale at the first halfway decent offer that came in.

Re: Property inherited by two siblings

A partition action is where the court forces diviion. I cuurently have a similar case in Santa Clara County. Call me directly at 16192223504.