561.8 Referees to determine exemption.
When a disagreement takes place between the owner and any person adversely interested, as to whether any land or buildings are properly a part of the homestead, the sheriff shall, at the request of either party, summon nine disinterested persons having the qualifications of jurors. The parties then, commencing with the owner, shall in turn strike off one person each, until three remain. Should either party fail to do so, the sheriff may act for that person, and the three as referees shall proceed to examine and ascertain all the facts of the case, and report the same, with their opinion thereon, to the court from which the execution or other process may have issued within thirty days after their qualification as referees.
[C51, §1258, 1259; R60, §2290, 2291; C73, §2002, 2003; C97, §2982; C24, 27, 31, 35, 39, §10142; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.8]
Referred to in §331.653
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.