6-512. 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.
History:
[(6-512) C.C.P. 1881, sec. 498; R.S., R.C., & C.L., sec. 4571; C.S., sec. 6987; I.C.A., sec. 9-512.]
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.