Lawyers, Answer Questions  & Get Points Log In
Idaho Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Idaho on
Q: Live in Idaho. Married, looking to buy property with my mom. Would spouse be entitled to 1/2 of property?

I plan to refinance the home I owned prior to marriage to purchase some land with my mom. Would my spouse be entitled to half that property if he’s not involved in the purchase and we were to divorce?

Kevin M Rogers
Kevin M Rogers answered on Oct 9, 2021

Your wife is entitled 1/4, as you have only 1/2 interest with your mother, so your wife is entitled 1/2 of your community interest.

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: How do I get my deposit back on a home that had an accepted offer?

I had an accepted purchase offer on a home I am buying. The home was advertised with a lifetime warranty on a metal roof. Prior to closing, I found out there was no permit on file for the new roof and the roof warranty was not a lifetime. The owner is not able to provide receipts for the roof in... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 10, 2021

The fact that you closed on the property even knowing that the property did not have 50 years left on the roof, will be used against you as an "affirmative defense," if you sue to get out of the contract. You may have a breach of contract claim, if you can show that the 50 yr warranty... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: Where can I find laws and or legal restrictions for vacation rental properties in the town of Kellogg, Idaho?

I’m considering investing in a little property and I need to know if there is anything standing in my way. Thank you!

Kevin M Rogers
Kevin M Rogers answered on Sep 2, 2021

I would go to the county courthouse and ask where the Recorder's office is. Once there, i would give them either an address or description of the property and ask to see all of the recorded documents on that piece of land. That will give you a complete look at the property's history, show... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Idaho on
Q: Which document is necessary to deed a property from father to son and his wife before father's death?

I am Executor of my ex husband's will. I want to make sure his house does not go to probate. Which deed document should I file at the Clerk of Court: Tenants in Common, General Warranty Deed, Grant Deed or Quit Claim deed?

Also, my last name has changed (I recently married) and my... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jan 28, 2021

Your ex husband's will MUST go through "probate," it's the law. However, you will find that it's NOT a big deal. The Uniform Probate Code was developed to help folks transfer deeds to other people; to get the wishes of the departed, carried out without the greed and... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: Did I almost flease someone?

I'm trying to transfer the lease on my apartment. I've been telling applicants that the rate is 789 for the next six months at which point they will have to renew.

My landlord, without telling me, apparently had the transfer lease set for until July of 2022 and the rate would... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jan 12, 2021

Leases are "contracts." A "Contract," is two or more parties, making an "agreement." Most agreements for apartments are in writing. Do you have a copy of the contract? Did you sign the "Lease Agreement?" If you did, simply read it. What does it say... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: I bought land in Idaho, part of an HOA. The president resigned and there is no board. What legal options do I have?

The newer residents seem keen to participate but very few of the older residents have expressed any interest in communicating in an open forum. There is a water well that is maxed and in need of updates. There is supposed to be a road to all of the lots but there is no road to my property and... Read more »

Kevin M Rogers
Kevin M Rogers answered on Dec 29, 2020

Land use restrictions in Idaho, came from Germany. The Idaho legislature and courts have ruled that these restrictions on land ownership are legal, but they will be strictly enforced against the drafter; which means that IF there is ANY ambiguity in the CC&Rs and someone is in trouble because... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: Idaho, when new build seller does not perform to time for closing, with time of the essence clause, is EM refundable

Original contract; time of essence clause, original close date Oct 30, 2020. Seller did not meet. Addendum for release of earnest money (non-refundable) for customization. Addendum for new close date, November 16, to close not met by seller, In single contract state, (Idaho), do all addendums... Read more »

Kevin M Rogers
Kevin M Rogers answered on Nov 17, 2020

Yes.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Real Estate Law for Idaho on
Q: If a nco order forces me to leave the home I own what are my options
Kevin M Rogers
Kevin M Rogers answered on Nov 4, 2020

You don't lose any rights by being forcibly removed from your own home. The frustration you feel is felt by every, single male who is removed and now has to pay for two (2) residences. If you own it outright without your mate's co-ownership, simply sell it out from under her and buy a... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: Should I go forward in filing a foreclosure? I have a rent to own agreement with a women who has never moved in.

Her Son and daughter in law occupy the residents and have destroyed property and payments are over 10,000 past due.

Kevin M Rogers
Kevin M Rogers answered on Oct 7, 2020

Typically in a "rent-to-own" situation, there isn't a "mortgage" or other debt-guarantee instrument. A home owner generally enters into a "contract" whereby the "renter," makes a certain number of "rent to own" payments or a certain,... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Idaho on
Q: 3 siblings have inherited the family home. 2 of them want to sell the property and 1 of them does not and wants to rent

out the property. In fact he has rented it out to his stepson in spite of the objections of the other 2 siblings, one of which needs the finances. What can be done?

Kevin M Rogers
Kevin M Rogers answered on Sep 10, 2020

Idaho law provides you an opportunity to sue to "partition" or "buy out" an unwilling owner of their share. You need to tell the remaining, unwilling owner, that if you have to sue to make her sell her "interest," that you will be asking the Court to award your... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: My mom died and I own property with her. Do I have to have someone assigned to be her representative?

We are in litigation with a man over the property and entered into a mediation agreement. My siblings don't want anything to do with probate and it is mine and my mother's name on the property. She didn't leave a will she just put each person's name on each account or property... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 1, 2020

Most likely the lawyer wants an Administration of her Estate by a Personal Representative. Mother is dead so noone can represent her. If possible get an Affidavit of Heirship executed as the source of title, then get your siblings to execute a Quit Claim Deed to you. But your Mother's... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: can the real estate statue of limitations be extended
Kevin M Rogers
Kevin M Rogers answered on Aug 20, 2020

nope.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Idaho on
Q: married adult living with parents, can the father force child’s spouse to leave the property

let me rephrase and add some detail. my hubs+2sons have been living w/my in-laws since Mar. i receive mail at the address but sleep somewhere else due to PO rules. there’s a verbal agreement between hub and FIL but no lease. we help with housework and groceries. FIL has threatened to call... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 20, 2020

Yes. Father is the "homeowner" and the spouse is a "guest" and so is daughter, so be nice!

1 Answer | Asked in Real Estate Law for Idaho on
Q: if a deed has three people listed on it. Two at 25% one at 50%. Can the one residing in the home take it all

Or can one make them buy out their interest?

Kevin M Rogers
Kevin M Rogers answered on Aug 13, 2020

The answer to your direct question is "NO" just because one of three owners holds a greater share of the property ownership doesn't give them the "right" to "take it all." Further, these types of disputes are fairly typical and the parties need to communicate... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: can the real estate statue of limitations in idaho be extended?
Kevin M Rogers
Kevin M Rogers answered on Jul 21, 2020

Real estate contracts are by nature, writings. As such they are governed by a 5 yr. Statute of Limitations. These cannot be extended and are absolute bars after the date that you signed a contract.

1 Answer | Asked in Real Estate Law for Idaho on
Q: HOA has different fees than what the rental lease is stating?

Property management wants to charge $500 and the HOA fee states its $140 fee. I was directed to discuss the matter with the HOA but now the property management is trying to go off of the lease. Conflicting information and lack of communication between the two.

Kevin M Rogers
Kevin M Rogers answered on Apr 28, 2020

The Property Managers have an agreement with the owners of the property. It appears as though the HOA agreement is dated and needs to be updated. However, you have an effective defense by pointing out the discrepancy to the Property Managers and I believe you would be successful in any litigation.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Idaho on
Q: We are in the middle of disputes regarding business partnership of 8% and we have been receiving K-1 form every year.

We have not receive anything for this partnership or share of any income from my parents ranch. We received a letter from their lawyer referencing the Redemption of the Ranch units and relinquishing the share of my birth right for a very minimal amount and if we don't respond by May 8, 2020,... Read more »

Kevin M Rogers
Kevin M Rogers answered on Apr 28, 2020

I agree that you should have a licensed, experienced lawyer look at this “Redemption Agreement” before doing anything. A so-called “birth right” is typically handed down from a Testator in a will and a third party isn’t likely to be able to force you to relinquish your shares. This... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: Does owner move in rights exist in idaho for a new property owner who has a tenant with a 1 year lease
Kevin M Rogers
Kevin M Rogers answered on Mar 9, 2020

Seller leased the property to you on a one (1) year lease and now the seller has sold the property and you're wondering whether you have to move and what your rights are?

The new owner buys a piece of property subject to "conditions." One condition in his/her purchase of...
Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: If my name is not on the title or mortgage of a property but on a gift deed for the property , can I legally sell it ?
Kevin M Rogers
Kevin M Rogers answered on Mar 9, 2020

You need to research deeds. Who gave you a gift deed? Are you aware of the tax implications of being "gifted" something worth $2-$300,000 dollars? The moment you try to sell it you're going to run into the people whose names are on the mortgage. Sounds like a mess to me. If you... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: I’m the seller of a commercial building and accepted an offer, but now I’m having a change of heart. Can I back out?

It’s in escrow but hasn’t closed yet. The change of heart came with a 100k higher offer.

Kevin M Rogers
Kevin M Rogers answered on Feb 26, 2020

Look for something in the escrow that you can claim is a "mistake in understanding" to void the contract. However, if everything: the "offer" and the "acceptance" of that offer, was done and documented properly, you're stuck and if you refused to sell,... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.