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 […]
651.10 Jurisdiction of property partitioned in kind or of proceeds from partition by sale. Property that has been partitioned in kind or the proceeds from a property that has been partitioned by sale shall be subject to the order of the court until the disposition of the rights in the property become fully vested. 2018 […]
651.11 Property partitioned by sale and partitioned in kind in same action. If all parts of a property cannot be partitioned in kind, parts of the property may be partitioned in kind and other parts of the property may be partitioned by sale as provided in this chapter. 2018 Acts, ch 1108, §11
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 […]
651.13 Abstract, plats, and surveys. The court may order the filing of a complete abstract covering real property involved in a partition action. The court may order a party to the partition action to produce any abstract in the party’s possession or control. The court may order a plaintiff to obtain an abstract if a […]
651.14 Adjudication of liens on property subject to partition. The court shall decide the nature, extent, priority, or validity of a party’s lien not previously determined and any other issues as the court directs. The referee appointed by the court shall provide notice of the court hearing to decide such matters to the interested parties. […]
651.15 Referee possession of property and court preservation of property. The court may order a referee to lease or to take possession of a property subject to partition. The court may issue an injunction to preserve a property subject to partition or issue an order providing for the care and custody of such property. Any […]
651.16 Procedure for partition in kind. 1. A court-appointed referee authorized to partition a property in kind shall qualify by taking an oath. A bond shall not be required. 2. The referee shall designate each proposed parcel of the partitioned property by visible monuments. If allowed by the court, the referee may employ a surveyor […]
651.17 Referee’s report to court of inability to make partition in kind. A referee shall file a report with the court if the referee is not able to make a partition in kind on a property subject to partition. Upon receipt of the report, the court shall take the following actions: 1. If the partition […]
651.18 Procedure for partition by sale. 1. A referee appointed by the court to partition property by sale shall qualify by taking an oath. A bond shall not be required before the referee conveys real property unless the referee is required to do any of the following: a. Sell personal property. b. Take possession of […]
651.19 Validity of referee’s deed. Upon court approval of a sale of property to be partitioned by sale, the referee shall file a referee’s deed that shall be recorded in the county where the real estate is located. The recorded referee’s deed shall be valid against all subsequent purchasers and against all persons who are […]
651.2 Action for partition of property. Property shall be partitioned by equitable proceedings. A property subject to partition shall be partitioned by sale and the proceeds from the sale divided by the owners of the property unless one or more of the property owners files a request for partition in kind and the court determines […]
651.20 Partition by sale — liens on property. Personal property shall be partitioned by sale free of all liens. Real property shall be partitioned by sale free of all liens except liens held against the entire real property. 2018 Acts, ch 1108, §20
651.21 Proceeds of property partitioned by sale. 1. After a property has been partitioned by sale, a party, including a holder of a lien from which the property has been freed by the sale, shall have the same rights or interests in the proceeds as the party had in the property sold, subject to a […]
651.22 Costs of partition action. All costs related to a partition action shall be advanced by the plaintiff with such costs paid by all parties to the action proportionately to each party’s respective interest. A cost created by a contest arising from the partition action shall be taxed against the losing contestant unless otherwise ordered […]
651.23 Plaintiff’s attorney fees. 1. On partition of real property, but not of personal property, the court shall order a reasonable fee in favor of the plaintiff’s attorney. The fee shall be taxed as costs. 2. If the plaintiff is the losing contestant in a contest arising from any partition action, any of the plaintiff’s […]
651.24 Other fees taxed as costs. Appraisers, referees, and attorneys appointed by a referee with court approval shall receive reasonable compensation as approved by the court and such compensation shall be part of the costs. 2018 Acts, ch 1108, §24
651.25 Referee’s final report. Unless waived in writing by all interested parties, the court shall fix a time and a place for a hearing on the referee’s final report. The referee shall give notice of the hearing to all interested parties. 2018 Acts, ch 1108, §25
651.26 Payment of proceeds less than ten thousand dollars to minor. If a minor for whom no conservator has been appointed is entitled to proceeds from a partition of property by sale in an amount not exceeding ten thousand dollars, the court may order the proceeds paid to the minor’s parent, guardian, or an adult […]
651.27 Applicability of special provisions of heirs property. If a cotenant requests a partition in kind in an action to partition heirs property, the partition action shall proceed under the special provisions for partition of heirs property under this subchapter. The provisions of this subchapter shall control in the event of a conflict with a […]
