Detailed answer — starting a partition action in Iowa when a co-owner refuses
Short overview: If a co-owner refuses to agree to divide or sell real property, Iowa law allows a co-owner to ask the district court in the county where the property is located to force a partition. A court can order a physical division (partition in kind) if practical or order a sale and divide the proceeds. Below are the typical steps, what to expect, and practical tips to prepare.
1. Confirm ownership and your legal position
Collect title documents that show your ownership interest: deeds, the recorded plat, the deed history (chain of title), and any written agreements among owners (co-ownership agreements, wills, trust documents). Also gather mortgages, liens, tax records, insurance policies, leases, and any correspondence about use of the property.
2. Consider sending a written demand to the other co-owner
Before filing, many owners send a formal written demand that requests partition or sale. This can clarify positions and sometimes prompt settlement. Although a demand is not always legally required, it can support your claim that you tried to resolve the dispute without litigation.
3. Decide what relief you will request
When you file, you will typically ask the court for either:
- Partition in kind — a physical division of land into separate parcels allocated to owners (used when the land can be fairly divided); or
- Partition by sale — the court orders the property sold and divides the net sale proceeds among owners according to their interests (used when division is impractical or would unfairly reduce value).
4. Prepare and file the partition complaint in Iowa district court
Partition actions proceed in the Iowa district court located in the county where the property lies. A basic complaint for partition should state:
- Who the parties (co-owners and interested lienholders) are;
- A description of the property (legal description or a clear street address plus parcel identification number);
- Your ownership interest and the nature of the co-ownership;
- The relief sought (partition in kind or by sale), and any related requests (for appointment of commissioners, sale procedures, appointment of a receiver to manage rents, etc.).
Filing requires payment of court filing fees and submission of any local forms. If you need the court’s assistance immediately (for example, to preserve rents or to prevent waste), you can ask for provisional relief such as appointment of a receiver or a temporary injunction.
For general Iowa court information and forms, see the Iowa Judicial Branch: https://www.iowacourts.gov/. For the Iowa Code, see: https://www.legis.iowa.gov/law/iowaCode.
5. Serve the complaint and name interested parties
After filing, you must serve the complaint and summons on all co-owners and on persons or entities that have recorded interests (mortgagees, lienholders). Proper service follows Iowa rules of civil procedure. If a party cannot be located, the court may allow service by publication or other substitute service methods.
6. Court may appoint commissioners or referees to divide or value the property
The court commonly appoints neutral commissioners (or a referee) to inspect the property, attempt to divide it in kind if feasible, prepare a report, and make recommendations. Owners may object to the commissioners’ report and ask the court for a hearing.
7. If division in kind is impractical, the court orders a sale
If the court finds that the property cannot be fairly divided, it will order a sale. The court sets the sale method (public auction or private sale under court supervision) and confirms the sale. After sale, the court approves payment of valid liens, costs, and then distributes net proceeds according to ownership shares and any court-ordered adjustments.
8. Handling liens, mortgages, and costs
Liens and mortgages generally survive partition. The court will order that valid liens be paid from the sale proceeds or that the buyer take subject to liens, depending on the situation. Costs of sale, attorney fees (if ordered), and expenses of partition usually reduce the owners’ shares.
9. Timeline and possible obstacles
There is no fixed timeline — partition actions often take several months to a year or longer, depending on complexity, objections, and whether the property must be sold. Common delays include disputes about property boundaries, unresolved liens, contested valuation, and locating absent owners.
10. Practical and strategic considerations
- If the co-owner’s refusal stems from short-term disagreement, mediation can save time and costs.
- Partition actions are public and can affect sale prospects; consider confidentiality alternatives first.
- If you want the property to remain productive while litigation runs, ask the court to appoint a receiver to collect rent and handle expenses.
- Be prepared to show proof of your ownership percentage and any unequal contributions you want the court to consider.
Statutes and procedural resources
Iowa law provides the rules governing civil actions and the district courts that handle partition claims. For statutory text and to locate any specific partition statutes or related provisions, consult the Iowa Code and the Iowa Judicial Branch:
- Iowa Code (search for terms such as “partition” and “real property”): https://www.legis.iowa.gov/law/iowaCode
- Iowa Judicial Branch — court locations, forms, filing information: https://www.iowacourts.gov/
When to get an attorney
Partition litigation can involve complex title problems, lien priorities, valuation disputes, and contested procedure. Consider hiring a licensed Iowa attorney if:
- The other owner contests the action or service is difficult;
- There are mortgages, significant liens, or inheritance/trust complications;
- You need help valuing the property or negotiating buyouts;
- You seek immediate relief (receiver, injunction) or anticipate appeals.
Helpful hints — quick checklist before you file
- Gather the deed and chain of title, recorded easements, and parcel ID.
- Collect mortgage and lien statements, tax bills, lease agreements, and insurance documents.
- Document any payments you made for taxes, mortgage, improvements, or maintenance.
- Send a written demand for partition and keep a copy of delivery proof.
- Decide whether you prefer partition in kind or by sale, and prepare to explain why.
- Check the district court in the county where the property is located for local filing rules and fees.
- Consider mediation as a lower-cost option before filing.
Disclaimer: This article explains how partition actions generally work under Iowa law for educational purposes only. This is not legal advice. Laws change and outcomes depend on specific facts. Consult a licensed Iowa attorney for advice about your particular situation.