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
Referred to in §651.4
Former §651.5 repealed by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.