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
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.