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Former §651.1 repealed by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
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Section 651.2 - Action for partition of property.
Section 651.3 - Partition of real estate pending probate or administration of estate.
Section 651.4 - Petition for partition of property.
Section 651.5 - Parties to petition for partition of property.
Section 651.6 - Answer to partition petition.
Section 651.7 - Joinder and counterclaim.
Section 651.8 - Partition of personal property subject to lien.
Section 651.9 - Partition of real and personal property in same action.
Section 651.10 - Jurisdiction of property partitioned in kind or of proceeds from partition by sale.
Section 651.11 - Property partitioned by sale and partitioned in kind in same action.
Section 651.12 - Initial court decree and appointment of referee.
Section 651.13 - Abstract, plats, and surveys.
Section 651.14 - Adjudication of liens on property subject to partition.
Section 651.15 - Referee possession of property and court preservation of property.
Section 651.16 - Procedure for partition in kind.
Section 651.17 - Referee’s report to court of inability to make partition in kind.
Section 651.18 - Procedure for partition by sale.
Section 651.19 - Validity of referee’s deed.
Section 651.20 - Partition by sale — liens on property.
Section 651.21 - Proceeds of property partitioned by sale.
Section 651.22 - Costs of partition action.
Section 651.23 - Plaintiff’s attorney fees.
Section 651.24 - Other fees taxed as costs.
Section 651.25 - Referee’s final report.
Section 651.26 - Payment of proceeds less than ten thousand dollars to minor.
Section 651.27 - Applicability of special provisions of heirs property.
Section 651.28 - Initial decree.
Section 651.29 - Cotenant buyout.