Section 561.22 – Notice of homestead exemption waiver requirement.
561.22 Notice of homestead exemption waiver requirement. 1. a. Except as otherwise provided in subsection 2, if a homestead exemption waiver is contained in a written contract affecting agricultural land as defined in section 9H.1, or dwellings, buildings, or other appurtenances located on the land, the contract must contain a statement in substantially the following […]
Section 561.26 – Definitions.
561.26 Definitions. As used in this chapter, unless the context otherwise requires, “book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1. 2000 Acts, ch 1148, §1
Section 561.9 – Referring back — marking off — costs.
561.9 Referring back — marking off — costs. The court in its discretion may refer the whole or any part of the matter back to the same or other referees, to be selected in the same manner, or as the parties agree, giving them directions as to the report required of them. When the court […]
Section 561.10 – Change of circumstances.
561.10 Change of circumstances. The extent or appurtenances of the homestead thus established may be called in question in like manner, whenever a change in value or circumstances will justify such new proceedings. [C51, §1262; R60, §2294; C73, §2006; C97, §2984; C24, 27, 31, 35, 39, §10144; C46, 50, 54, 58, 62, 66, 71, 73, […]
Section 561.11 – Occupancy by surviving spouse.
561.11 Occupancy by surviving spouse. Upon the death of either spouse, the survivor may continue to possess and occupy the whole homestead until it is otherwise disposed of according to law, but the setting off of the distributive share of the survivor in the real estate of the deceased shall be such a disposal of […]
Section 561.12 – Life possession in lieu of dower.
561.12 Life possession in lieu of dower. The survivor may elect to retain the homestead for life in lieu of such share in the real estate of the deceased. [C73, §2008; C97, §2985; C24, 27, 31, 35, 39, §10146; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.12]
Section 561.13 – Conveyance or encumbrance.
561.13 Conveyance or encumbrance. 1. A conveyance or encumbrance of, or contract to convey or encumber the homestead, if the owner is married, is not valid, unless and until the spouse of the owner executes the same or a like instrument, or a power of attorney for the execution of the same or a like […]
Section 561.14 – Devise.
561.14 Devise. Subject to the rights of the surviving spouse, the homestead may be devised like other real estate of the testator. [C51, §1266; R60, §2298; C73, §2010; C97, §2987; C24, 27, 31, 35, 39, §10148; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.14]
Section 561.15 – Removal of spouse or children.
561.15 Removal of spouse or children. Neither spouse can remove the other nor the children from the homestead without the consent of the other. [C51, §1462; R60, §2514; C73, §2215; C97, §3166; C24, 27, 31, 35, 39, §10149; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.15] Referred to in §232.82, […]
Section 561.16 – Exemption.
561.16 Exemption. The homestead of every person is exempt from judicial sale where there is no special declaration of statute to the contrary. Persons who reside together as a single household unit are entitled to claim in the aggregate only one homestead to be exempt from judicial sale. A single person may claim only one […]