What information and documents to provide your lawyer to begin a partition case in Iowa

Disclaimer: This is educational information, not legal advice. I am not a lawyer. Always consult a licensed Iowa attorney for advice about your particular situation.

Detailed Answer: What a lawyer needs to begin a partition action in Iowa

A partition action asks a court to divide real property owned by two or more people who cannot agree on its use or disposition. In Iowa, co-owners (for example tenants in common or joint tenants, heirs who inherited real estate, or co-owners after a divorce) may seek partition to force a physical division of the land (partition in kind) or a sale and division of proceeds (partition by sale).

To begin a partition case efficiently, your lawyer will need facts and documents that establish ownership, describe the property, document liens and encumbrances, explain the relationship among owners, and show any relevant agreements or disputes. Gather the following categories of information and documents before your first meeting or intake.

1. Proof of ownership and chain of title

Current recorded deed(s) showing who owns the property (grantor/grantee, legal description).
Prior deeds, probate documents, or transfer documents showing how the current owners obtained title (inheritance, deed from a sale, divorce transfer, etc.).
Title insurance policy (if one exists) or any recent title search report.

2. Property identification and descriptive documents

Legal description of the property (from the deed or tax records).
Parcel/assessor number and county assessor property printout.
Survey, plat map, or site plan, if available.
High-quality photos of the property and boundaries.

3. Documents showing mortgages, liens, encumbrances, and easements

Mortgage statements and payoff information.
Recorded liens (judgment liens, mechanics’ liens), UCC filings affecting the property (if any).
Recorded easements, covenants, or restrictions that affect use or division of the property.

4. Evidence of each owner’s status, contributions, and use

Documents showing each owner’s claimed ownership percentage (deeds, agreements, or evidence of contribution to purchase).
Records of mortgage or tax payments made by any co-owner, receipts for improvements, and invoices for repairs or maintenance.
Leases or rental agreements (if the property generates rent) and documentation of rent payments and expense sharing.
Utilities, insurance, and property tax bills showing payment history and who paid them.

5. Agreements, communications, and attempts to resolve the dispute

Written or electronic communications between co-owners (emails, text messages, letters) about possession, use, sale, or division.
Any prior buy-sell agreements, partition agreements, or written settlement offers.
Notes or timelines describing oral agreements, promises, or important conversations, including dates and witnesses.

6. Court and probate records (if applicable)

Judgments, divorce decrees, probate court orders, or other court documents that affect ownership or rights to the property.
If the property was inherited, the decedent’s will, estate inventory, and probate closing papers.

7. Financial and valuation documents

Recent appraisals, broker price opinions, or tax-assessed values.
Estimates for splitting the parcel (if a partition in kind is considered), boundary or lot-split proposals, and relocation costs for structures if relevant.

8. Contact information for people with knowledge

Names and contact details for all co-owners and their attorneys (if known).
Names of neighbors, contractors, surveyors, or witnesses who can testify about the property, improvements, or agreements.

9. Practical information your lawyer will ask for

What outcome you want (sell and split proceeds, buyout one owner, physical division).
Any time constraints (urgent sale or lender foreclosure).
Special circumstances (environmental issues, open code violations, occupied by a tenant or owner who refuses access).

How Iowa law governs partition

Iowa law provides procedures for partition actions where co-owners cannot agree. Courts typically prefer partition in kind when a fair physical division is practical. If division is impractical or would be inequitable, the court can order the property sold with proceeds divided among owners according to their interests. Depending on the case, courts may appoint commissioners to value and divide the property or to conduct the sale. For general statutory guidance, see the Iowa Code and local court rules:

Your lawyer will use the documents above to draft a petition, verify ownership interests, identify lienholders, calculate each owner’s share, propose relief (partition in kind or sale), and prepare evidence for the court. The attorney will also calculate costs and explain possible counterclaims (for example, claims for reimbursement for mortgage or improvements) and potential offsets.

Helpful Hints

Organize documents chronologically and make a cover summary that lists each document and why it’s relevant.
Bring originals when possible. If you cannot, bring the best available copies and tell your lawyer where originals are recorded (county recorder’s office or probate records).
Get recent title and tax information from the county recorder and assessor to confirm parcel numbers and recorded encumbrances.
If you expect a quick resolution (buyout or sale), gather appraisals or broker opinions up front to speed negotiations.
Document conversations and offers in writing. Courts rely on contemporaneous records, not memory alone.
If the property is rented, collect leases, security deposit records, and tenant contact information—these affect possession and revenue during litigation.
Expect costs: filing fees, service fees, possible appraiser and surveyor fees, and attorney fees. Ask about likely costs during the first consultation.
Be honest with your attorney about prior disputes, loans, or promises—omissions can harm your case later.

Next steps before your first attorney meeting

Make a concise timeline of how and when the property was acquired and the sequence of events that led to the dispute.
Collect the key documents listed above and put them in a folder or a single PDF you can share securely.
Prepare a short written statement of your desired outcome and any immediate risks (foreclosure, adverse possession claims, or imminent sale).
Call or email an Iowa-licensed attorney experienced in real property litigation and partition matters to schedule a consultation.

If you bring the materials above to your initial meeting, your lawyer can evaluate whether partition is appropriate, the likely form of relief (division or sale), what claims or counterclaims may arise, and a realistic timeline and cost estimate for the case.

Reminder: This article explains general Iowa procedures and document needs. It does not substitute for personalized legal advice. Consult a licensed Iowa attorney about your facts.