reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 648 - FORCIBLE ENTRY AND DETAINER › Section 648.9 - Change of venue.

648.9 Change of venue.
In any such action a change of place of trial may be had as in other cases.
[C51, §2367; R60, §3957; C73, §3616; C97, §4212; C24, 27, 31, 35, 39, §12270; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.9]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 648 - FORCIBLE ENTRY AND DETAINER › Section 648.15 - How title tried.

648.15 How title tried.
When title is put in issue, the cause shall be tried by equitable proceedings.
[C97, §4216; C24, 27, 31, 35, 39, §12276; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.15]
Referred to in §648.17
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 648 - FORCIBLE ENTRY AND DETAINER › Section 648.16 - Priority of assignment.

648.16 Priority of assignment.
Such actions shall be accorded reasonable priority for assignment to assure their prompt disposition. No continuance shall be granted for the purpose of taking testimony in writing.
[C97, §4216; C24, 27, 31, 35, 39, §12277; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.16]
Referred to in §648.17
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 648 - FORCIBLE ENTRY AND DETAINER › Section 648.17 - Remedy not exclusive.

648.17 Remedy not exclusive.
Nothing contained in sections 648.15 and 648.16 shall prevent a party from suing for trespass or from testing the right of property in any other manner.
[C51, §2371; R60, §3961; C73, §3620; C97, §4216; C24, 27, 31, 35, 39, §12278; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.17]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 648 - FORCIBLE ENTRY AND DETAINER › Section 648.18 - Possession — bar.

648.18 Possession — bar.
Thirty days’ peaceable possession with the knowledge of the plaintiff after the cause of action accrues is a bar to this proceeding.
[C51, §2372; R60, §3962; C73, §3621; C97, §4217; C24, 27, 31, 35, 39, §12279; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.18]
Referred to in §648.22A, 648.22B
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 648 - FORCIBLE ENTRY AND DETAINER › Section 648.19 - No joinder or counterclaim — exception.

648.19 No joinder or counterclaim — exception.
1. An action under this chapter shall not be filed in connection with any other action, with the exception of a claim for rent or recovery as provided in section 555B.3, 562A.24, 562A.32, 562B.17A, 562B.22, 562B.25, or 562B.27, nor shall it be made the subject of counterclaim.
2. When filed with an action for rent or recovery as provided in section 555B.3, 562A.24, 562A.32, 562B.22, 562B.25, or 562B.27, notice of hearing as provided in section 648.5 is sufficient.
3. An action under this chapter that is filed in connection with another action in accordance with this section shall be treated only as a joint filing of separate cases assigned separate case numbers, but with a single filing fee. The court shall not merge the causes of action. The court shall consider the jointly filed cases separately and shall consider each case according to the rules applicable to that type of case.
[C51, §2373; R60, §3963; C73, §3622; C97, §4218; C24, 27, 31, 35, 39, §12280; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.19]
86 Acts, ch 1130, §3; 88 Acts, ch 1138, §17; 93 Acts, ch 154, §22; 2000 Acts, ch 1210, §1; 2022 Acts, ch 1070, §14
Referred to in §562B.30
Subsection 1 amended
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 648 - FORCIBLE ENTRY AND DETAINER › Section 648.20 - Order for removal.

648.20 Order for removal.
The order for removal can be executed only in the daytime.
[C51, §2374; R60, §3964; C73, §3623; C97, §4219; C24, 27, 31, 35, 39, §12281; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.20]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 648 - FORCIBLE ENTRY AND DETAINER › Section 648.22 - Judgment — execution — costs.

648.22 Judgment — execution — costs.
If the defendant is found guilty, judgment shall be entered that the defendant be removed from the premises, and that the plaintiff be put in possession of the premises, and an execution for the defendant’s removal within three days from the judgment shall issue accordingly, to which shall be added a clause commanding the officer to collect the costs as in ordinary cases.
[C51, §2370; R60, §3960; C73, §3619; C97, §4221; C24, 27, 31, 35, 39, §12283; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.22]
86 Acts, ch 1130, §4; 95 Acts, ch 125, §15
Referred to in §648.22A
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 648 - FORCIBLE ENTRY AND DETAINER › Section 648.22B - Cases where mobile or manufactured home is the subject of a foreclosure action.

648.22B Cases where mobile or manufactured home is the subject of a foreclosure action.
1. When a mobile or manufactured home located in a manufactured home community or mobile home park is the subject of an action by a lienholder to foreclose a lienhold interest, the plaintiff may advance all moneys due and owing to the landlord and enter into an agreement with the court to pay to the landlord before delinquency all rent, reasonable upkeep, and other reasonable charges thereafter accruing on the home and space that it occupies, in which case any writ of execution on a judgment under this chapter will be stayed until the home is sold in place as provided by law or removed from the manufactured home community or mobile home park at the plaintiff’s expense.
2. When the conditions of subsection 1 have been satisfied, the clerk of court shall so notify the sheriff of the county in which the mobile or manufactured home is located.
3. The landlord shall have standing to intervene in the foreclosure proceedings or to file a separate action to compel compliance with the lienholder’s undertaking pursuant to subsection 1 and shall be entitled to recover costs and attorney fees incurred.
4. All expenditures made by a lienholder pursuant to subsection 1 shall be recoverable from the lien debtor in the foreclosure proceedings as protective disbursements whether or not provision is made for such recovery in the documentation of the subject lien.
5. In any case where this section has become operative, the provisions of section 648.18 shall not apply.
2000 Acts, ch 1210, §2; 2001 Acts, ch 153, §16
Referred to in §648.22A
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 648 - FORCIBLE ENTRY AND DETAINER › Section 648.23 - Restitution.

648.23 Restitution.
The court, on the trial of an appeal, may issue an execution for removal or restitution, as the case may require.
[C51, §2376; R60, §3966; C73, §3624; C97, §4222; C24, 27, 31, 35, 39, §12284; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.23]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 649 - QUIETING TITLE › Section 649.1 - Who may bring action.

649.1 Who may bring action.
An action to determine and quiet the title of real property may be brought by anyone, whether in or out of possession, having or claiming an interest therein, against any person claiming title thereto, though not in possession.
[C51, §2025; R60, §3601; C73, §3273; C97, §4223; C24, 27, 31, 35, 39, §12285; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.1]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 649 - QUIETING TITLE › Section 649.2 - Petition.

649.2 Petition.
The petition therefor must be under oath, setting forth the nature and extent of the petitioner’s estate, and describing the premises as accurately as may be, and that the petitioner is credibly informed and believes the defendant makes or may make some claims adverse to the petitioner, and praying for the establishment of the plaintiff’s estate, and that the defendant be barred and forever estopped from having or claiming any right or title to the premises adverse to the plaintiff.
[R60, §3602; C73, §3274; C97, §4224; C24, 27, 31, 35, 39, §12286; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.2]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 649 - QUIETING TITLE › Section 649.3 - Notice.

649.3 Notice.
The notice in such action shall accurately describe the property, and, in general terms, the nature and extent of the plaintiff’s claim, and shall be served as in other cases.
[C73, §3274; C97, §4224; C24, 27, 31, 35, 39, §12287; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.3]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 649 - QUIETING TITLE › Section 649.4 - Disclaimer — costs.

649.4 Disclaimer — costs.
If the defendant appears and disclaims all right and title adverse to the plaintiff, the defendant shall recover the defendant’s costs. In all other cases the costs shall be in the discretion of the court.
[R60, §3603; C73, §3275; C97, §4225; C24, 27, 31, 35, 39, §12288; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.4]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 649 - QUIETING TITLE › Section 649.5 - Demand for quitclaim — attorney fees.

649.5 Demand for quitclaim — attorney fees.
1. Before bringing suit to quiet a title to real estate, a party may make a written request to the person holding an apparent adverse interest or right in the property asking that such person, and that person’s spouse if any, execute, have acknowledged, and deliver a quitclaim deed to the property to such requesting party.
2. The written request described in subsection 1 shall include a draft quitclaim deed to the property, the street address of the property, a brief explanation of how the apparent adverse interest or right arose, if known, and why the party believes the interest or right is not a valid claim against title, a copy of this section, a self-addressed stamped envelope, and fifty dollars to cover the expense of the execution, acknowledgment, and delivery of the deed.
3. If the person holding an apparent adverse interest or right in the property fails to comply within twenty days of receiving the written request, the filing of a disclaimer of interest or right shall not avoid the costs in an action afterwards brought, and the court may assess, in addition to the ordinary costs of court, a reasonable attorney fee for the requesting party’s attorney.
[C97, §4226; C24, 27, 31, 35, 39, §12289; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.5]
86 Acts, ch 1237, §37; 2017 Acts, ch 147, §1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 649 - QUIETING TITLE › Section 649.6 - Equitable proceedings.

649.6 Equitable proceedings.
In all other respects, the action contemplated in this chapter shall be conducted as other actions by equitable proceedings, so far as the same may be applicable, with the modifications prescribed.
[C51, §2026; R60, §3604; C73, §3276; C97, §4227; C24, 27, 31, 35, 39, §12290; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.6]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 649 - QUIETING TITLE › Section 649.7 - Deeds — recitals — rebuttable and conclusive presumptions.

649.7 Deeds — recitals — rebuttable and conclusive presumptions.
In the proof of title to real estate derived from deeds or other conveyances affecting real estate, executed prior to January 1, 1905, where it appears from recitals therein that such deeds or other conveyances have been executed in pursuance to a contract assigned by the original vendee or the vendee’s assignee to the grantee in such deeds or other conveyances, the recitals thereof shall be presumptive evidence of the truth of said recitals, and of the fact of said assignment, and that such assignment was made in good faith for a valuable consideration, and no action shall be maintained by such original vendee, assignee, or any person or persons holding by, through, or under such vendee or assignee, against the grantee in said deed or other conveyance, and the grantee’s grantees in the record chain of title, and said recitals shall be conclusive evidence of the fact of such assignment and that it was made in good faith and for a valuable consideration.
[C24, 27, 31, 35, 39, §12291; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.7]
Referred to in §649.8
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 649 - QUIETING TITLE › Section 649.8 - Construction of Act.

649.8 Construction of Act.
Section 649.7 shall not be construed to remove the bar of any other statute of limitations.
[C24, 27, 31, 35, 39, §12292; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.8]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.1 - When allowed.

650.1 When allowed.
When one or more owners of land, the corners and boundaries of which are lost, destroyed, or in dispute, desire to have the same established, they may bring an action in the district court of the county where such lost, destroyed, or disputed corners or boundaries, or part thereof, are situated, against the owners of the other tracts which will be affected by the determination or establishment thereof, to have such corners or boundaries ascertained and permanently established.
[C97, §4228; C24, 27, 31, 35, 39, §12293; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.1]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.2 - County as party.

650.2 County as party.
If any public road is likely to be affected thereby, the proper county shall be made defendant.
[C97, §4228; C24, 27, 31, 35, 39, §12294; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.2]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.3 - Notice.

650.3 Notice.
Notice of such action shall be given as in other cases, and if the defendants or any of them are nonresidents of the state, or unknown, they may be served by publication as is provided by law.
[C97, §4229; C24, 27, 31, 35, 39, §12295; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.3]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.4 - Nature of action.

650.4 Nature of action.
The action shall be a special one.
[C97, §4230; C24, 27, 31, 35, 39, §12296; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.4]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.5 - Petition.

650.5 Petition.
The only necessary pleading therein shall be the petition of plaintiff describing the land involved, and, so far as may be, the interest of the respective parties, and asking that certain corners and boundaries therein described, as accurately as may be, shall be established.
[C97, §4230; C24, 27, 31, 35, 39, §12297; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.5]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.6 - Specific issues — acquiescence.

650.6 Specific issues — acquiescence.
Either the plaintiff or defendant may, by proper plea, put in issue the fact that certain alleged boundaries or corners are the true ones, or that such have been recognized and acquiesced in by the parties or their grantors for a period of ten consecutive years, which issue may be tried before commission is appointed, in the discretion of the court.
[C97, §4230; C24, 27, 31, 35, 39, §12298; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.6]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.7 - Commission.

650.7 Commission.
The court in which the action is brought shall appoint a commission of one or more disinterested licensed professional land surveyors, who shall, at a date and place fixed by the court in the order of appointment, proceed to locate the lost, destroyed, or disputed corners and boundaries.
[C97, §4231; C24, 27, 31, 35, 39, §12299; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.7]
2012 Acts, ch 1009, §34
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.8 - Oath — assistants.

650.8 Oath — assistants.
The commissioners so appointed shall subscribe and file with the clerk, within ten days from the date of their appointment, an oath for the faithful and impartial discharge of their duties, and shall have the power to appoint necessary assistants.
[C97, §4232; C24, 27, 31, 35, 39, §12300; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.8]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.9 - Hearing.

650.9 Hearing.
At the time and in the manner specified in the order of court, the commission shall proceed to locate said boundaries and corners, and for that purpose may take the testimony of witnesses as to where the true boundaries and corners are located.
[C97, §4233; C24, 27, 31, 35, 39, §12301; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.9]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.10 - Finding as to acquiescence.

650.10 Finding as to acquiescence.
If that issue is presented, the commission shall also take testimony as to whether the boundaries and corners alleged to have been recognized and acquiesced in for ten years or more have in fact been recognized and acquiesced in, and, if it finds affirmatively on such issue, shall incorporate the same into the report to the court.
[C97, §4233; C24, 27, 31, 35, 39, §12302; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.10]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.11 - Adjournments — report.

650.11 Adjournments — report.
The proceedings may be adjourned by the commission from time to time as may be necessary, but the survey and location of the corners and boundaries must be completed and the report thereof filed with the clerk of the court within sixty days after its appointment, unless there are good and sufficient reasons for delay.
[C97, §4234; C24, 27, 31, 35, 39, §12303; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.11]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.12 - Exceptions — hearing in court.

650.12 Exceptions — hearing in court.
Within twenty days after such report is filed, any party interested may file exceptions thereto and the court shall hear and determine them, hearing evidence in addition to that reported by the commission, if necessary, and may approve or modify such report, or again refer the matter to the same or another commission for further report.
[C97, §4235; C24, 27, 31, 35, 39, §12304; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.12]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.13 - Decree conclusive.

650.13 Decree conclusive.
The corners and boundaries finally established by the court in such proceeding, or on appeal therefrom, shall be binding upon the parties as the corners or boundaries which had been lost, destroyed, or in dispute.
[C97, §4236; C24, 27, 31, 35, 39, §12305; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.13]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.14 - Boundaries by acquiescence established.

650.14 Boundaries by acquiescence established.
If it is found that the boundaries and corners alleged to have been recognized and acquiesced in for ten years have been so recognized and acquiesced in, such recognized boundaries and corners shall be permanently established.
[C97, §4236; C24, 27, 31, 35, 39, §12306; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.14]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.15 - Appeal.

650.15 Appeal.
There shall be no appeal in such proceeding, except from final judgment of the court, taken in the time and manner that other appeals are, and heard as in an action by ordinary proceedings.
[C97, §4237; C24, 27, 31, 35, 39, §12307; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.15]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.16 - Costs.

650.16 Costs.
The costs in the proceeding shall be assessed as the court deems just, and shall be a lien on the land or interest therein owned by the party or parties against whom they are assessed, so far as such land is involved in the proceeding.
[C97, §4238; C24, 27, 31, 35, 39, §12308; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.16]
86 Acts, ch 1237, §38
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 650 - DISPUTED CORNERS AND BOUNDARIES › Section 650.17 - Boundaries by agreement.

650.17 Boundaries by agreement.
Any lost or disputed corner or boundary may be determined by written agreement of all parties thereby affected, signed and acknowledged by each as required for conveyances of real estate, clearly designating the same, and accompanied by a plat thereof, which shall be recorded as an instrument affecting real estate, and shall be binding upon their heirs, successors, and assigns.
[C97, §4239; C24, 27, 31, 35, 39, §12309; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.17]
Acknowledgment, §558.20 et seq.
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.1 - Definitions.

651.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Ascendant” means an individual who precedes another individual in lineage in the direct line of ascent from the other individual.
2. “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.
3. “Cotenant” means a person holding title to real property under tenancy in common ownership.
4. “Descendant” means an individual who follows another individual in lineage in the direct line of descent from the other individual.
5. “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:
a. There is not a recorded agreement that binds all of the cotenants that governs the partition of the property.
b. One or more of the cotenants acquired title from a living or deceased relative.
c. Any of the following apply:
(1) Twenty percent or more of the interests are held by cotenants who are relatives.
(2) Twenty percent or more of the interests are held by an individual who acquired title from a living or deceased relative.
(3) Twenty percent or more of the cotenants are relatives.
6. “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.
7. “Partition by sale” means a court-ordered sale of property subject to partition.
8. “Partition in kind” means a court-ordered division of property subject to partition into physically distinct and separately titled parcels.
9. “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.
10. “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.
2018 Acts, ch 1108, §1
Former §651.1 repealed by
2018 Acts, ch 1108, §33
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.2 - Action for partition of property.

651.2 Action for partition of property.
Property shall be partitioned by equitable proceedings. A property subject to partition shall be partitioned by sale and the proceeds from the sale divided by the owners of the property unless one or more of the property owners files a request for partition in kind and the court determines partition in kind is equitable and practicable.
2018 Acts, ch 1108, §2
Former §651.2 repealed by
2018 Acts, ch 1108, §33
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.3 - Partition of real estate pending probate or administration of estate.

651.3 Partition of real estate pending probate or administration of estate.
If an entire interest in real estate is owned by a decedent on whose estate administration or probate is pending a partition action shall not be brought until four months after the second publication of the notice of the appointment of the personal representative. A partition action shall not be brought at any time while an application for authority to sell such real estate is pending in a probate proceeding.
2018 Acts, ch 1108, §3
Former §651.3 repealed by
2018 Acts, ch 1108, §33
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.4 - Petition for partition of property.

651.4 Petition for partition of property.
A petition for partition of property shall describe the property and the plaintiff’s interest in the property. The petition shall name all indispensable parties pursuant to section 651.5 and state the nature and extent of each interest or lien as far as each interest or lien is known by the plaintiff.
2018 Acts, ch 1108, §4
Former §651.4 repealed by
2018 Acts, ch 1108, §33
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.5 - Parties to petition for partition of property.

651.5 Parties to petition for partition of property.
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.
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.
2018 Acts, ch 1108, §5
Referred to in §651.4
Former §651.5 repealed by
2018 Acts, ch 1108, §33
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.6 - Answer to partition petition.

651.6 Answer to partition petition.
A defendant’s answer to a partition petition shall state the amount and nature of the defendant’s interest. A defendant may deny the interest of a plaintiff and by supplemental pleading, if necessary, may deny the interest of any other defendant.
2018 Acts, ch 1108, §6
Former §651.6 repealed by
2018 Acts, ch 1108, §33
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.7 - Joinder and counterclaim.

651.7 Joinder and counterclaim.
A party may perfect or quiet title to property that is subject to a partition petition or request adjudication of a right of a party as to any matter originating from or connected to the property, including a lien between any parties. Except as permitted by this section, a joinder of any other claim to a partition petition shall not be permitted. A counterclaim to a partition petition shall not be permitted.
2018 Acts, ch 1108, §7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.9 - Partition of real and personal property in same action.

651.9 Partition of real and personal property in same action.
Real and personal property owned by the same person may be partitioned in the same action. A referee appointed by the court may act as to both the real and the personal property.
2018 Acts, ch 1108, §9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.10 - Jurisdiction of property partitioned in kind or of proceeds from partition by sale.

651.10 Jurisdiction of property partitioned in kind or of proceeds from partition by sale.
Property that has been partitioned in kind or the proceeds from a property that has been partitioned by sale shall be subject to the order of the court until the disposition of the rights in the property become fully vested.
2018 Acts, ch 1108, §10
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.11 - Property partitioned by sale and partitioned in kind in same action.

651.11 Property partitioned by sale and partitioned in kind in same action.
If all parts of a property cannot be partitioned in kind, parts of the property may be partitioned in kind and other parts of the property may be partitioned by sale as provided in this chapter.
2018 Acts, ch 1108, §11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.12 - Initial court decree and appointment of referee.

651.12 Initial court decree and appointment of referee.
The court shall file an initial decree establishing the shares and interests of all owners in a property subject to a partition petition. One referee shall be appointed in the decree unless all owners of the property agree upon a larger number of referees. The decree shall order an appraisal or estimation of the valuation of the property and may direct either a public or private sale of the property. Unless all owners of the property agree to an alternative method for conducting the appraisal or of estimating the valuation of the property, the decree shall appoint three disinterested persons with knowledge of property valuation to appraise the property. The decree shall direct the referee to file a report with the court setting forth the referee’s recommendations for completing the partition of the property. All other contested issues related to the partition petition, including liens, may be determined by the initial decree or by a supplemental decree or decrees.
2018 Acts, ch 1108, §12
Referred to in §651.28
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.13 - Abstract, plats, and surveys.

651.13 Abstract, plats, and surveys.
The court may order the filing of a complete abstract covering real property involved in a partition action. The court may order a party to the partition action to produce any abstract in the party’s possession or control. The court may order a plaintiff to obtain an abstract if a complete abstract is unavailable. The expense for such abstract shall be taxed as costs. The abstract shall be available to the court or any party to the partition action during the partition proceedings. The court may also order a plaintiff to obtain a plat or survey and the expense for such shall be taxed as costs.
2018 Acts, ch 1108, §13
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.14 - Adjudication of liens on property subject to partition.

651.14 Adjudication of liens on property subject to partition.
The court shall decide the nature, extent, priority, or validity of a party’s lien not previously determined and any other issues as the court directs. The referee appointed by the court shall provide notice of the court hearing to decide such matters to the interested parties. Adjudication of liens shall precede a partition in kind. A partition by sale and the distribution of proceeds from such sale to any party not affected by a lien may proceed prior to adjudication of liens on the property.
2018 Acts, ch 1108, §14
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.15 - Referee possession of property and court preservation of property.

651.15 Referee possession of property and court preservation of property.
The court may order a referee to lease or to take possession of a property subject to partition. The court may issue an injunction to preserve a property subject to partition or issue an order providing for the care and custody of such property. Any expenses incurred under this section as allowed by the court shall be taxed as costs.
2018 Acts, ch 1108, §15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.16 - Procedure for partition in kind.

651.16 Procedure for partition in kind.
1. A court-appointed referee authorized to partition a property in kind shall qualify by taking an oath. A bond shall not be required.
2. The referee shall designate each proposed parcel of the partitioned property by visible monuments. If allowed by the court, the referee may employ a surveyor or assistants to aid the referee and the expenses for such shall be taxed as costs.
3. For good reasons shown the court may order a referee making a partition in kind to allot a particular parcel or a particular article of personal property to a specific party.
4. The referee shall file a report with the court that details the referee’s proposed division of the property subject to partition in kind. The report shall describe with reasonable particularity the respective shares and the specific property allotted to each property owner. If real property is part of the partition, a plat shall be filed with the report. The referee may recommend owelty payments as part of the referee’s recommendation for the partition in kind. The court shall promptly set a time and place for a hearing on the referee’s report. The referee shall give notice of such hearing to all interested parties as ordered by the court.
5. After the hearing the court may approve, modify, or disapprove the referee’s report, or order the property partitioned by sale. If the court approves partition in kind subject to owelty payments as recommended by the referee, the court shall order that the partition in kind shall not be completed until all owelty payments have been made. If all owelty payments are not made as ordered, the court shall make further orders as appropriate. On approving a partition in kind after all owelty payments have been made, the court shall file a decree that includes all of the following:
a. Describes the property partitioned in kind in its entirety.
b. Describes each partitioned parcel or article of personal property allotted to each property owner.
c. Enters judgment against each property owner for each property owner’s apportioned costs. Such costs shall be a lien on each owner’s respective allotted parcel or article and for which special execution may issue on demand of any interested person.
6. Upon completion of a partition in kind of real property pursuant to a court decree, the clerk of court shall file a certified copy of the decree with the county recorder and provide a copy to the county auditor of each county where any of the partitioned property is located. The county auditor shall record a transfer in the deed records and index each parcel as a conveyance with the name of the owner of each parcel as the grantee and the names of all other parties to the partition petition as grantors. The costs of making and recording the certified copy of the decree shall be taxed as costs in the case.
2018 Acts, ch 1108, §16
Referred to in §651.17, 651.22
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.17 - Referee’s report to court of inability to make partition in kind.

651.17 Referee’s report to court of inability to make partition in kind.
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.
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.
2018 Acts, ch 1108, §17
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.19 - Validity of referee’s deed.

651.19 Validity of referee’s deed.
Upon court approval of a sale of property to be partitioned by sale, the referee shall file a referee’s deed that shall be recorded in the county where the real estate is located. The recorded referee’s deed shall be valid against all subsequent purchasers and against all persons who are parties to the partition by sale proceeding.
2018 Acts, ch 1108, §19
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.20 - Partition by sale — liens on property.

651.20 Partition by sale — liens on property.
Personal property shall be partitioned by sale free of all liens. Real property shall be partitioned by sale free of all liens except liens held against the entire real property.
2018 Acts, ch 1108, §20
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.21 - Proceeds of property partitioned by sale.

651.21 Proceeds of property partitioned by sale.
1. After a property has been partitioned by sale, a party, including a holder of a lien from which the property has been freed by the sale, shall have the same rights or interests in the proceeds as the party had in the property sold, subject to a prior charge for costs.
2. The court shall appoint a trustee, or order other suitable provisions, for the proceeds of a share held for life or years in the remainder. The ascertained share of any absent owner shall be retained, or the proceeds invested for the owner’s benefit, under an order of the court.
2018 Acts, ch 1108, §21
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.22 - Costs of partition action.

651.22 Costs of partition action.
All costs related to a partition action shall be advanced by the plaintiff with such costs paid by all parties to the action proportionately to each party’s respective interest. A cost created by a contest arising from the partition action shall be taxed against the losing contestant unless otherwise ordered by the court. If partition is in kind, costs shall be adjudged and may be collected as provided in section 651.16, subsection 5. If partition is by sale, the costs shall be paid from the proceeds and deducted from the shares of the parties against whom the costs are taxed. Such remedies for collecting costs shall be cumulative of other remedies.
2018 Acts, ch 1108, §22
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.23 - Plaintiff’s attorney fees.

651.23 Plaintiff’s attorney fees.
1. On partition of real property, but not of personal property, the court shall order a reasonable fee in favor of the plaintiff’s attorney. The fee shall be taxed as costs.
2. If the plaintiff is the losing contestant in a contest arising from any partition action, any of the plaintiff’s attorney fees relating to such contest shall not be taxed as costs.
2018 Acts, ch 1108, §23
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.24 - Other fees taxed as costs.

651.24 Other fees taxed as costs.
Appraisers, referees, and attorneys appointed by a referee with court approval shall receive reasonable compensation as approved by the court and such compensation shall be part of the costs.
2018 Acts, ch 1108, §24
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.25 - Referee’s final report.

651.25 Referee’s final report.
Unless waived in writing by all interested parties, the court shall fix a time and a place for a hearing on the referee’s final report. The referee shall give notice of the hearing to all interested parties.
2018 Acts, ch 1108, §25
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.26 - Payment of proceeds less than ten thousand dollars to minor.

651.26 Payment of proceeds less than ten thousand dollars to minor.
If a minor for whom no conservator has been appointed is entitled to proceeds from a partition of property by sale in an amount not exceeding ten thousand dollars, the court may order the proceeds paid to the minor’s parent, guardian, or an adult with whom the minor resides, for the use of the minor. After such person files a written receipt for the proceeds with the court, the referee shall be discharged of all liability for the proceeds.
2018 Acts, ch 1108, §26
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.27 - Applicability of special provisions of heirs property.

651.27 Applicability of special provisions of heirs property.
If a cotenant requests a partition in kind in an action to partition heirs property, the partition action shall proceed under the special provisions for partition of heirs property under this subchapter. The provisions of this subchapter shall control in the event of a conflict with a provision of subchapter II.
2018 Acts, ch 1108, §27
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.28 - Initial decree.

651.28 Initial decree.
1. If the court determines that a property subject to a partition action is heirs property, and a cotenant requests a partition in kind of such property, the court shall file an initial decree pursuant to section 651.12 ordering the partition action to proceed under this subchapter. The court shall appoint a referee and direct the referee to obtain an appraisal as provided in section 651.12. The referee shall file the appraisal with the court.
2. Within ten calendar days after the referee files the appraisal with the court, the court shall send notice to the referee and to each party to the partition action. The notice shall provide all of the following information:
a. The appraised fair market value of the heirs property.
b. The address of the clerk’s office where the appraisal is available for review.
c. Advise that a party may file an objection to the appraisal with the court no later than thirty calendar days after the date of notice by the court. An objection must state the grounds for the objection.
3. No sooner than thirty calendar days after the date of notice by the court and regardless of whether an objection to the appraisal is filed, the court shall conduct a hearing to determine the fair market value of the heirs property. The court shall set a time and place for the hearing and give notice to the referee and all parties to the partition action. At the hearing, in addition to the court-ordered appraisal, the court may consider any other evidence offered by the referee or by a party to the partition action.
4. After the hearing the court shall file an order that determines the fair market value of the heirs property and provide notice of the determination to the referee and all parties to the partition action.
2018 Acts, ch 1108, §28
Referred to in §651.29
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.30 - Alternatives to partition in kind.

651.30 Alternatives to partition in kind.
At the conclusion of a cotenant buyout as provided in section 651.29, the court shall order the heirs property to be partitioned in kind unless the court, after consideration of all factors pursuant to section 651.31, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order the heirs property to be partitioned in kind, the court shall approve a request by two or more cotenants to aggregate their individual interests in the heirs property.
2018 Acts, ch 1108, §30
Referred to in §651.29
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.31 - Factors court to consider in determining if partition in kind will result in great prejudice.

651.31 Factors court to consider in determining if partition in kind will result in great prejudice.
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.
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.
2018 Acts, ch 1108, §31
Referred to in §651.30
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 651 - PARTITION › Section 651.32 - Subchapter II procedures to govern.

651.32 Subchapter II procedures to govern.
1. If the court orders the heirs property partitioned in kind, the proceedings shall be governed by the procedures set forth in subchapter II that are applicable to a partition in kind.
2. If the court orders the heirs property partitioned by sale, the proceedings shall be governed by the procedures set forth in subchapter II applicable to a partition by sale.
2018 Acts, ch 1108, §32
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 654 - FORECLOSURE OF REAL ESTATE MORTGAGES › Section 654.1 - Equitable proceedings.

654.1 Equitable proceedings.
Except as provided in section 654.18, a deed of trust or mortgage of real estate shall not be foreclosed in any other manner than by action in court by equitable proceedings.
[C51, §2083, 2096; R60, §3660, 3673, 4179; C73, §3319; C97, §4287; C24, 27, 31, 35, 39, §12372; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §654.1]
85 Acts, ch 252, §45