6-509. PARTIAL PARTITION. Whenever from any cause it is, in the opinion of the court, impracticable or highly inconvenient to make a complete partition in the first instance among all the parties in interest, the court may first ascertain and determine the shares or interests respectively held by the original cotenants, and thereupon adjudge and cause a partition to be made as if such original cotenants were the parties and sole parties in interest and the only parties to the action, and thereafter may proceed in like manner to adjudge and make partition separately of each share or portion so ascertained and allotted as between those claiming under the original tenant to whom the same shall have been so set apart, or may allow them to remain tenants in common thereof as they may desire.
History:
[(6-509) C.C.P. 1881, sec. 495; R.S., R.C., & C.L., sec. 4568; C.S., sec. 6984; I.C.A., sec. 9-509.]
Structure Idaho Code
Title 6 - ACTIONS IN PARTICULAR CASES
Chapter 5 - PARTITION OF REAL ESTATE
Section 6-501 - WHEN PARTITION MAY BE HAD.
Section 6-502 - COMPLAINT — ALLEGATIONS OF INTERESTS OF PARTIES.
Section 6-503 - PARTIES — LIENHOLDERS AND PURCHASERS OF RECORD.
Section 6-504 - LIS PENDENS — FILING AND EFFECT.
Section 6-505 - SUMMONS — HOW DIRECTED.
Section 6-506 - SERVICE BY PUBLICATION.
Section 6-508 - RIGHTS OF ALL PARTIES MAY BE DETERMINED.
Section 6-509 - PARTIAL PARTITION.
Section 6-510 - LIENHOLDERS — DETERMINATION OF RIGHTS.
Section 6-511 - NOTICE TO LIENHOLDERS.
Section 6-512 - PARTITION — SALE — REFEREES.
Section 6-513 - DUTIES OF REFEREES.
Section 6-514 - REPORT OF REFEREES.
Section 6-515 - REPORT OF REFEREES — CONFIRMATION — JUDGMENT.
Section 6-516 - EFFECT OF JUDGMENT ON TENANTS FOR YEARS.
Section 6-517 - ALLOWANCE OF EXPENSES OF REFEREES.
Section 6-518 - LIEN ON UNDIVIDED INTEREST — CHARGE ON SHARE ASSIGNED TO LIENOR.
Section 6-519 - ESTATE FOR LIFE OR YEARS MAY BE SET OFF.
Section 6-520 - APPLICATION OF PROCEEDS OF SALE OF ENCUMBERED PROPERTY.
Section 6-521 - RESORT TO OTHER SECURITIES COMPELLED.
Section 6-522 - DISTRIBUTION OF PROCEEDS.
Section 6-523 - PAYMENT INTO COURT — CONTINUANCE OF ACTION.
Section 6-524 - CONDUCT OF SALE — CONTENTS OF NOTICE.
Section 6-525 - TERMS OF SALE.
Section 6-526 - SECURITY FOR PURCHASE-MONEY.
Section 6-527 - COMPENSATION OF TENANTS FOR LIFE OR YEARS.
Section 6-528 - CONSENT NOT GIVEN — COMPENSATION FIXED BY COURT.
Section 6-529 - PROTECTION OF UNKNOWN PARTIES.
Section 6-530 - COMPENSATION FOR CONTINGENT INTEREST.
Section 6-531 - NOTICE OF TERMS OF SALE.
Section 6-532 - PURCHASE BY REFEREES AND GUARDIANS PROHIBITED.
Section 6-533 - REPORT OF SALE.
Section 6-534 - CONFIRMATION AND ORDER FOR CONVEYANCE.
Section 6-535 - LIENHOLDERS AS PURCHASERS.
Section 6-536 - RECORD AND EFFECT OF CONVEYANCE.
Section 6-537 - INVESTMENT OF PROCEEDS BELONGING TO UNKNOWNS OR NONRESIDENTS.
Section 6-538 - INVESTMENT — WHEN MADE IN RECORDER’S NAME.
Section 6-539 - INVESTMENT — WHEN MADE IN PARTIES’ NAMES.
Section 6-540 - DUTY OF RECORDER TAKING SECURITY OR MAKING INVESTMENT.
Section 6-541 - UNEQUAL PARTITION — COMPENSATION.
Section 6-542 - SALE OF INFANT’S SHARE — PAYMENT OF PROCEEDS TO GUARDIAN.
Section 6-544 - PARTITION WITHOUT ACTION — CONSENT OF GUARDIAN.
Section 6-545 - COSTS OF PARTITION — APPORTIONMENT TO PARTIES — LIEN.