561.21 Debts for which homestead liable.
The homestead may be sold to satisfy debts of each of the following classes:
1. Those contracted prior to its acquisition, but then only to satisfy a deficiency remaining after exhausting the other property of the debtor, liable to execution.
2. Those created by written contract by persons having the power to convey, expressly stipulating that it shall be liable, but then only for a deficiency remaining after exhausting all other property pledged by the same contract for the payment of the debt.
3. a. Those secured by a mechanic’s lien under chapter 572, including reasonable attorney fees as provided under section 572.32, subsection 1.
b. Those incurred for work done or material furnished, including principal and interest on any note securing the purchase of such material, exclusively for the improvement of the homestead.
4. If there is no survivor or issue, for the payment of any debts to which it might at that time be subjected if it had never been held as a homestead.
[C51, §1248, 1249, 1265; R60, §2280, 2281, 2297; C73, §1991 – 1993, 2009; C97, §2975, 2976, 2986; C24, 27, 31, 35, 39, §10155; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.21]
2020 Acts, ch 1075, §1, 2
Referred to in §624.23
Homestead acquired with pension funds, §627.9
Liability for assistance furnished poor person, §252.14
Structure Iowa Code
Section 561.1 - “Homestead” defined.
Section 561.2 - Extent and value.
Section 561.3 - Dwelling and appurtenances.
Section 561.4 - Selecting — platting.
Section 561.5 - Platted by officer having execution.
Section 561.6 - Platting under order of court.
Section 561.7 - Changes — nonconsenting spouse.
Section 561.8 - Referees to determine exemption.
Section 561.9 - Referring back — marking off — costs.
Section 561.10 - Change of circumstances.
Section 561.11 - Occupancy by surviving spouse.
Section 561.12 - Life possession in lieu of dower.
Section 561.13 - Conveyance or encumbrance.
Section 561.15 - Removal of spouse or children.
Section 561.19 - Exemption in hands of issue.
Section 561.20 - New homestead exempt.
Section 561.21 - Debts for which homestead liable.
Section 561.22 - Notice of homestead exemption waiver requirement.