Detailed answer — what you can do in Iowa

When you and your former spouse still co-own real property after divorce, Iowa law gives several paths to achieve division or sale. Which path fits depends on (1) how title is held (tenants in common, joint tenants with right of survivorship, or sole title), (2) whether the divorce decree resolved the property and how it was worded, and (3) whether you want a court-ordered sale, a buyout, or to enforce money owed under the decree.

1. Enforce the divorce decree (ask the court to make the ex comply)

If the court’s dissolution decree specifically awarded your interest in the property to one party, ordered a sale, or required a buyout, but the other party refuses to comply, you can ask the court to enforce its order. Enforcement tools can include asking the court to (a) enter a money judgment for the buyout amount, (b) hold the non‑complying party in contempt, or (c) order specific enforcement steps to transfer title. Enforcement of a family court order follows the dissolution statutes and general enforcement procedures for Iowa courts. See Iowa Code chapter 598 (Dissolution of Marriage) for rules governing divorce judgments and their enforcement: https://www.legis.iowa.gov/docs/code/598.

2. File a partition action (force a sale by asking a court to divide the land)

If co‑owners cannot agree, a partition action asks a court to divide property among co‑owners or order a sale and split the proceeds. Partition is an equitable remedy when multiple persons hold title and want to end co‑ownership. A court may:

• physically divide the land if division is practical, or
• order a public sale and divide the sale proceeds among the owners according to their ownership shares.

Partition is typically appropriate when title is still shared (for example, tenants in common). If you seek partition, expect pleadings that identify all owners and any liens, and the court will consider fairness and feasibility of division. See the Iowa statutes and rules that govern partition actions (search the Iowa Code under partition): https://www.legis.iowa.gov/ (search for “partition” in the Iowa Code or consult an Iowa attorney).

3. Quiet title or declaratory relief (clarify ownership or remove clouds)

If title is uncertain, or the ex claims more interest than the decree intended, you can ask the court to declare who holds title (a quiet title action or declaratory judgment). That can clear title and allow the rightful owner to sell or obtain financing. Quiet title actions also often accompany partition or enforcement actions when competing claims exist.

4. Negotiate a buyout, settlement, or mediated agreement

Court is not the only option. You can negotiate a buyout (one party buys the other’s share), refinance to remove an ex from a mortgage, or sell by mutual agreement. Mediation or collaborative settlement can produce a faster, cheaper result than litigation. If you refinance, remember that removing someone from mortgage debt usually requires the lender’s approval and borrower qualification.

5. Consider lien rights and debt obligations

Title and mortgage responsibilities are separate. Even if the divorce transfers title, the lender may still hold an ex on the mortgage unless the mortgage is refinanced or the lender releases liability. A partition sale will typically pay off liens first, and remaining proceeds get divided. Be sure to identify all mortgages, tax liens, or judgments before litigating or settling.

6. Timing and practical considerations

There are practical and procedural factors:

• Statute of limitations: Different claims (fraud, breach of contract, enforcement of judgment) have different timelines. Act promptly once you discover non‑compliance.
• Costs: Partition litigation can be costly and lengthy. The court may order sale expenses and attorneys’ fees paid from proceeds in some situations.
• Temporary orders: In active enforcement or partition litigation, you can ask for temporary relief (e.g., injunctions to prevent removal of property or to collect rent).

7. How title type affects your options

Common title forms matter:

• Tenants in common: Each owner has a divisible share and can generally force partition.
• Joint tenants with survivorship: Joint tenancy includes a right of survivorship; courts still may permit partition to end co‑ownership, but issues can be more complex if survivorship rights are asserted.
• Sole title to one party: If title was transferred to one party by the decree, but the other claims breach, your remedy is enforcement of the decree rather than partition.

8. Taxes and practical sale issues

Consider tax consequences of sale or buyout (capital gains, sale costs) and liens that reduce net proceeds. If you plan to buy out the ex, get a professional appraisal and consult a tax adviser about possible consequences.

Where to find the law and procedural rules

Look up the Iowa dissolution statutes (Chapter 598) for divorce decree and enforcement rules: https://www.legis.iowa.gov/docs/code/598. For partition and property‑related remedies, search the Iowa Code for “partition” and related civil actions at the Iowa Legislature site: https://www.legis.iowa.gov/.

Helpful Hints — practical steps to take now

• Gather documents: deed(s), divorce decree, property tax statements, mortgage documents, title insurance policy, settlement paperwork, appraisals, and any written communications about the property.
• Check how title is held: review the deed wording or get a title report to confirm whether you’re tenants in common, joint tenants, or sole owner.
• Read the decree carefully: identify exactly what the court ordered about the property and deadlines for performance.
• Talk to the other party: consider mediation or a negotiated buyout before filing suit. A written settlement can be recorded to clarify title.
• Consider interim protections: if the property generates rent, collect and secure income records; ask the court for temporary orders if the ex is damaging or removing assets.
• Don’t ignore mortgage obligations: removal from title doesn’t remove mortgage liability; coordinate with the lender if refinancing or buyout is planned.
• Hire local counsel: an Iowa real property or family law attorney can explain which remedies apply to your facts, file the correct pleadings (partition, enforcement, or quiet title), and represent you in court.
• Budget for costs: litigation, appraisals, sale costs, and potential taxes will affect your net recovery—get estimates early.