Iowa Code 651.5 – Parties to petition for partition of property
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1. A petition for partition of property shall include as parties all persons indispensable to the partition including an owner of an undivided interest and a holder of a lien on all or part of the property.
Terms Used In Iowa Code 651.5
- Cotenant: means a person holding title to real property under tenancy in common ownership. See Iowa Code 651.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Partition by sale: means a court-ordered sale of property subject to partition. See Iowa Code 651.1
- 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
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- 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. A petition for partition of property may include as parties a person having an actual, apparent, claimed, or contingent interest in the property.
3. The court shall have jurisdiction over an unborn person’s contingent or prospective vested interest as a cotenant of real property in a partition proceeding. The court shall appoint a guardian ad litem for such unborn person pursuant to the rules of civil procedure. The partition in kind or partition by sale of the real property pursuant to a court decree shall have the same force and effect as to all such unborn persons, or persons claiming by, through, or under the unborn person, as though the unborn person were in being when the decree was entered and the real property or proceeds of the unborn person’s interest shall be subject to the order of the court until the right fully vests.