651.28 Initial decree. 1. If the court determines that a property subject to a partition action is heirs property, and a cotenant requests a partition in kind of such property, the court shall file an initial decree pursuant to section 651.12 ordering the partition action to proceed under this subchapter. The court shall appoint a […]
651.29 Cotenant buyout. 1. If a cotenant requests partition by sale of the heirs property after receiving notice of the court’s determination of the fair market value of the heirs property pursuant to section 651.28, the court shall send notice to all parties advising of all of the following: a. That a cotenant, except a […]
651.3 Partition of real estate pending probate or administration of estate. If an entire interest in real estate is owned by a decedent on whose estate administration or probate is pending a partition action shall not be brought until four months after the second publication of the notice of the appointment of the personal representative. […]
651.30 Alternatives to partition in kind. At the conclusion of a cotenant buyout as provided in section 651.29, the court shall order the heirs property to be partitioned in kind unless the court, after consideration of all factors pursuant to section 651.31, finds that partition in kind will result in great prejudice to the cotenants […]
651.31 Factors court to consider in determining if partition in kind will result in great prejudice. 1. The court shall consider all of the following factors in determining if partition in kind of heirs property will result in great prejudice to the cotenants of such property as a group: a. Whether the heirs property can […]
651.32 Subchapter II procedures to govern. 1. If the court orders the heirs property partitioned in kind, the proceedings shall be governed by the procedures set forth in subchapter II that are applicable to a partition in kind. 2. If the court orders the heirs property partitioned by sale, the proceedings shall be governed by […]
651.4 Petition for partition of property. A petition for partition of property shall describe the property and the plaintiff’s interest in the property. The petition shall name all indispensable parties pursuant to section 651.5 and state the nature and extent of each interest or lien as far as each interest or lien is known by […]
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 […]
651.6 Answer to partition petition. A defendant’s answer to a partition petition shall state the amount and nature of the defendant’s interest. A defendant may deny the interest of a plaintiff and by supplemental pleading, if necessary, may deny the interest of any other defendant. 2018 Acts, ch 1108, §6 Former §651.6 repealed by 2018 […]
651.7 Joinder and counterclaim. A party may perfect or quiet title to property that is subject to a partition petition or request adjudication of a right of a party as to any matter originating from or connected to the property, including a lien between any parties. Except as permitted by this section, a joinder of […]
651.8 Partition of personal property subject to lien. Personal property that is subject to a lien on the whole or any part of the property shall only be partitioned by sale. 2018 Acts, ch 1108, §8
651.9 Partition of real and personal property in same action. Real and personal property owned by the same person may be partitioned in the same action. A referee appointed by the court may act as to both the real and the personal property. 2018 Acts, ch 1108, §9
