§ 651.1 Definitions
§ 651.2 Action for partition of property
§ 651.3 Partition of real estate pending probate or administration of estate
§ 651.4 Petition for partition of property
§ 651.5 Parties to petition for partition of property
§ 651.6 Answer to partition petition
§ 651.7 Joinder and counterclaim
§ 651.8 Partition of personal property subject to lien
§ 651.9 Partition of real and personal property in same action
§ 651.10 Jurisdiction of property partitioned in kind or of proceeds from partition by sale
§ 651.11 Property partitioned by sale and partitioned in kind in same action
§ 651.12 Initial court decree and appointment of referee
§ 651.13 Abstract, plats, and surveys
§ 651.14 Adjudication of liens on property subject to partition
§ 651.15 Referee possession of property and court preservation of property
§ 651.16 Procedure for partition in kind
§ 651.17 Referee’s report to court of inability to make partition in kind.
§ 651.18 Procedure for partition by sale
§ 651.19 Validity of referee’s deed.
§ 651.20 Partition by sale — liens on property.
§ 651.21 Proceeds of property partitioned by sale
§ 651.22 Costs of partition action
§ 651.23 Plaintiff’s attorney fees.
§ 651.24 Other fees taxed as costs
§ 651.25 Referee’s final report.
§ 651.26 Payment of proceeds less than ten thousand dollars to minor
§ 651.27 Applicability of special provisions of heirs property
§ 651.28 Initial decree
§ 651.29 Cotenant buyout
§ 651.30 Alternatives to partition in kind
§ 651.31 Factors court to consider in determining if partition in kind will result in great prejudice
§ 651.32 Subchapter II procedures to govern

Terms Used In Iowa Code > Chapter 651

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appraisal: A determination of property value.
  • Ascendant: means an individual who precedes another individual in lineage in the direct line of ascent from the other individual. See Iowa Code 651.1
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Collateral: means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant. See Iowa Code 651.1
  • Cotenant: means a person holding title to real property under tenancy in common ownership. See Iowa Code 651.1
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Decedent: A deceased person.
  • deed: is a pplied to an instrument conveying lands, but does not imply a sealed instrument; and the words "bond" and "indenture" do not necessarily imply a seal, and the word "undertaking" means a promise or security in any form. See Iowa Code 4.1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Descendant: means an individual who follows another individual in lineage in the direct line of descent from the other individual. See Iowa Code 651.1
  • Docket: A log containing brief entries of court proceedings.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • 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.
  • 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:
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intestate: Dying without leaving a will.
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and in like cases the word "swear" includes "affirm". See Iowa Code 4.1
  • Owelty: means an equitable remedy in a partition action used to equalize the value of the property a party receives through the payment of a sum of money from a recipient of a higher value property to the recipient of a lower value property. See Iowa Code 651.1
  • 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
  • personal property: include money, goods, chattels, evidences of debt, and things in action. See Iowa Code 4.1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probate: Proving a will
  • 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
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Iowa Code 651.1
  • Relative: means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or other law of this state. See Iowa Code 651.1
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Trustee: A person or institution holding and administering property in trust.