6-541. 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.
History:
[(6-541) C.C.P. 1881, sec. 527; R.S., R.C., & C.L., sec. 4600; C.S., sec. 7016; I.C.A., sec. 9-541.]
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.