1. The court shall consider all of the following factors in determining if partition in kind of heirs property will result in great prejudice to the cotenants of such property as a group:

 a. Whether the heirs property can be practicably divided among the cotenants.
 b. Whether a partition in kind will apportion the heirs property in such a way that the aggregate fair market value of the parcels resulting from the division will be materially less than the value of the heirs property if the heirs property is sold as a whole, taking into account the condition under which a court-ordered sale likely will occur.
 c. Evidence of the collective duration of ownership or possession of the heirs property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other.
 d. A cotenant’s sentimental attachment to the heirs property, including any attachment arising due to the heirs property having ancestral or other unique or special value to the cotenant.
 e. The lawful use being made of the heirs property by a cotenant and the degree to which the cotenant will be harmed if the cotenant cannot continue the same use of the heirs property.
 f. The degree to which a cotenant has contributed the cotenant’s pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the heirs property, or has contributed to the physical improvement, maintenance, or upkeep of the heirs property.
 g. Tax consequences.
 h. Any other factors the court deems relevant.

Terms Used In Iowa Code 651.31

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Cotenant: means a person holding title to real property under tenancy in common ownership. See Iowa Code 651.1
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • 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
  • Heirs property: means real property held in tenancy in common that satisfies all of the following requirements as of the date of the filing of a partition action:
  • 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
  • property: includes personal and real property. See Iowa Code 4.1
 2. The court shall weigh the totality of all relevant factors and circumstances and not consider any one factor in subsection 1 to be dispositive.