GENERAL PROVISIONS

Iowa Code tit. XV, ch. 651, subch. II

in effect

Iowa Code § 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in kind and the court determines partition in kind is equitable and practicable. 2018 Acts, ch 1108, §2 Former §651.2 repealed by 2018 Acts, ch 1108, §33

Iowa Code § 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for authority to sell such real estate is pending in a probate proceeding. 2018 Acts, ch 1108, §3 Former §651.3 repealed by 2018 Acts, ch 1108, §33

Iowa Code § 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each interest or lien as far as each interest or lien is known by the plaintiff. 2018 Acts, ch 1108, §4 Former §651.4 repealed by 2018 Acts, ch 1108, §33

Iowa Code § 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 Former §651.5 repealed by 2018 Acts, ch 1108, §33

Iowa Code § 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

Iowa Code § 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

Iowa Code § 651.8 Partition of personal property subject to lien.

651.8. Partition of personal property subject to lien. Personal property that is subject to a lien on the whole or any part of the property shall only be partitioned by sale. 2018 Acts, ch 1108, §8

Iowa Code § 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

Iowa Code § 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

Iowa Code § 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

Iowa Code § 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

Iowa Code § 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

Iowa Code § 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

Iowa Code § 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

Iowa Code § 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

Iowa Code § 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

Iowa Code § 651.18 Procedure for partition by sale.

651.18. Procedure for partition by sale. 1. A referee appointed by the court to partition property by sale shall qualify by taking an oath. A bond shall not be required before the referee conveys real property unless the referee is required to do any of the following: a. Sell personal property. b. Take possession of real property. c. Receive a payment on the sale before conveyance of the real property. 2. Before conveying real property, the referee shall give bond in the amount of one hundred twenty-five percent of the total sale price of the real property, payable to the parties entitled to the proceeds from the sale, and conditioned on the faithful discharge of the referee’s duties. 3. The referee shall file a report with the court that provides all of the following: a. A recommendation for the appropriate public or private sale process to offer the property for sale, including but not limited to a public auction or private listing. b. A copy of any appraisal for the property to be partitioned if required by the court. 4. The court shall promptly set a time and place for a hearing on the referee’s report. The referee shall provide notice of the hearing to all interested parties. 5. After the hearing the court may approve, modify, or disapprove the referee’s report. If the court orders the property to be partitioned by sale, the referee shall offer the property for sale pursuant to the court order. 6. The referee shall give notice of the time and place of a public sale of the property by two separate publications, at least six days apart, in a newspaper of general circulation in the county where the public sale of the property is to be held. The last publication shall be at least seven days prior to a public sale of real estate and at least four days prior to a public sale of personal property. If authorized by the court, the referee may advertise the sale beyond the required notice and may employ an auctioneer or assistant to assist the referee with the sale of the property. If allowed by the court, the expense of such shall be taxed as costs. 7. The referee shall report all proposed sales to the court. The court shall promptly set a time and place for a hearing and the referee shall give notice to all interested parties. Notice of the hearing shall also be given to any party who files a request with the clerk of court, with the party’s name and the address where notice is to be sent, before the referee’s report is approved by the court. The clerk shall docket the request and transmit a copy to the referee. 8. After the hearing the court may approve or disapprove the sale of the property. The court may expressly order a private sale of the property for less than the appraised value of the property. 9. Real property shall not be conveyed to a buyer until a partition by sale is approved by court order. Real property shall not be conveyed to a buyer until the sale price for such property has been paid in full. 10. If the court disapproves the partition by sale of a property, all moneys paid or securities given shall be returned to the persons entitled to such. 11. The court may require a party entitled to sale proceeds from a property partitioned by sale to give satisfactory security to refund any proceeds received, with interest, before such party receives proceeds arising from the sale in the event the court later rules such party is not entitled to the proceeds. 2018 Acts, ch 1108, §18

Iowa Code § 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

Iowa Code § 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

Iowa Code § 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

Iowa Code § 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

Iowa Code § 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

Iowa Code § 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

Iowa Code § 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

Iowa Code § 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

Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=651&year=2026Fetched: 10/20/2026