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Attorney Services
Dividing community property in a divorce is a difficult and complicated matter. If you have specific questions
related to community property, please seek an attorney for legal advice or assistance.
You may represent yourself or hire an attorney to file an action to quiet title or an action for partition if you need to
divide real property between an unmarried couple where both parties’ names are on the deed. If you need help finding an
attorney, contact the following organizations:
Idaho Legal Aid Services, Inc.
Idaho Volunteer Lawyers Program
Idaho State Bar Association Attorney Referral Service
How is a House or Land That is Considered Community Property Normally Divided?
If you own your home or other land, this community property must also be divided equally among the spouses.
The most common outcome is that the court may order the property sold so that each party gets 50% of the profits from
the sale of the home or 50% of any debt if the house does not sell for a profit.
It is possible for the court to award one spouse the home and give the other spouse other property to make up for his or
her 50% share of the home, such as retirement accounts that equal the equity in the home.
If the court believes it would be better for the children to remain in the home, it is possible for the court to permit the
children and the custodial parent to remain in the home until the children are 18 years old. At which time, the house
would then be sold and the parties would equally split any profits or debts from the sale.
See Idaho Code Section 32-712(2) and (3) for considerations regarding a home in a divorce. Note that the above are just
examples of different considerations and possible divisions of a community property home.
How is Community Property Divided?
Both parties have an equal right to community property and “unless there are compelling reasons otherwise, there shall
be a substantially equal division in value, considering debts, between the spouses.” Idaho Code Section 32-712(1)(a).
In other words, the court will decide the value of all the community property and try to divide it so that each spouse gets
about half of the overall value. However, if compelling reasons exist to not divide the property equally, the court may
divide community property in another way, when considering the following factors and any other relevant factors:
(1) Length of the marriage;
(2) Any agreement of the parties before they were married; however, the court shall have no authority to
amend or rescind any such agreement;
(3) The age, health, occupation, amount and source of income, vocational skills, employability, and
liabilities of each spouse;
(4) The needs of each spouse;
(5) Whether the apportionment of community property is in lieu of (instead of) or in addition to spousal
maintenance (support);
(6) The present and potential earning capability of each party; and
(7) Retirement benefits, including, but not limited to, social security, civil service, military and railroad
retirement benefits.
Idaho Code Section 32-712(1)(b).
How is Community Property
Divided in a Divorce?