6-545. COSTS OF PARTITION — APPORTIONMENT TO PARTIES — LIEN. The costs of partition, including reasonable counsel fees, expended by the plaintiff or either of the defendants for the common benefit, fees of referees, and other disbursements, must be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the judgment. In that case they shall be a lien on the several shares, and the judgment may be enforced by execution against such shares and against other property held by the respective parties. When, however, litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto, or any of them.
History:
[(6-545) C.C.P. 1881, sec. 531; R.S., R.C., & C.L., sec. 4604; C.S., sec. 7020; I.C.A., sec. 9-545.]
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.