Iowa Code 651.17 – Referee’s report to court of inability to make partition in kind
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A referee shall file a report with the court if the referee is not able to make a partition in kind on a property subject to partition. Upon receipt of the report, the court shall take the following actions:
1. If the partition involves personal property, the court shall order a sale of the personal property without further notice.
Terms Used In Iowa Code 651.17
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Partition in kind: means a court-ordered division of property subject to partition into physically distinct and separately titled parcels. See Iowa Code 651.1
- personal property: include money, goods, chattels, evidences of debt, and things in action. See Iowa Code 4.1
- Personal property: All property that is not real property.
- property: includes personal and real property. See Iowa Code 4.1
- real property: include lands, tenements, hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Iowa Code 4.1
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. If the partition involves real property, the court shall set a hearing as provided under section 651.16. After such hearing the court may order a sale or other disposition of the real property, as the court deems appropriate.