Idaho State Police Ex Rel. Russell v. Real Property Situated in the County of Cassia

SCHROEDER, Chief Justice.

Eunice Bautista appeals from the district court’s denial of her motion to set aside a default judgment granting a forfeiture of her home under I.C. § 37-2744A.

I

FACTUAL AND PROCEDURAL BACKGROUND

Eunice Bautista’s ex-husband, Martin Bautista, was arrested at Eunice’s home on a federal warrant for drug possession/distribution. The home had become Eunice’s separate property after the couple divorced several months previously, but she had taken no action to remove Martin’s name from the title, and Martin was still living there in a separate room. Pursuant to a search…