Detailed Answer
When relatives co-own land in Iowa and cannot agree on its use or division, you can ask a court to partition the property. Iowa’s partition statute (Iowa Code §629.2) allows any co-owner to file a petition in district court. Below are the key steps:
- Verify Ownership Interests. Obtain copies of all deeds and title documents. Confirm each relative’s legal interest in the property.
- Identify All Co-Owners. List every person who holds record title. You must include their full names and last known addresses.
- Prepare the Petition. Draft a petition under Iowa Rule of Civil Procedure 1.302. The petition should include:
- A clear legal description of the parcel;
- The names and addresses of all co-owners;
- The nature and extent of each party’s interest;
- A statement requesting partition in kind (physical division) or, if that is impractical, sale of the property;
- A proposed method for dividing or selling the property.
- File with the Clerk. File your petition in the district court of the county where the land lies. Pay the required filing fee. The clerk will assign a case number.
- Serve the Petition. Deliver a copy of the petition and a summons to every co-owner by certified mail or personal service. Service must follow the rules in Iowa R. Civ. P. 1.302.
- Wait for Answers. Co-owners have 20 days to file an answer. If they fail to respond, you may seek a default judgment.
- Attend Case Management Hearing. The court may schedule a hearing to set deadlines and discuss mediation. Iowa encourages parties to agree on appraisals or physical division before trial.
- Appraisal and Report. If parties disagree on value or division, the court appoints a commissioner or appraiser to evaluate the property and submit a report.
- Partition Hearing. At trial, present evidence on value and feasibility of in-kind partition. The court will order either:
- Partition in kind (dividing the parcel among co-owners); or
- Sale of the entire property with proceeds distributed to co-owners according to their interests.
- Entry of Final Judgment. The court issues a decree of partition or sale. A commissioner/commissioner’s report becomes final when approved by the court.
Throughout the process, adhere to timelines and court rules. For detailed procedural rules, see the Iowa Code Chapter 629 and the Iowa Rules of Civil Procedure.
Disclaimer: This article is for informational purposes and is not legal advice.
Helpful Hints
- Gather all deeds and title insurance policies before filing.
- Consider informal negotiation or mediation early to reduce costs.
- Verify each co-owner’s current address for proper service.
- Assess whether in-kind partition is practical (e.g., divisible acreage vs. a single residence).
- Factor in appraisal, survey, and commissioner fees when budgeting.
- Keep clear records of all filings, service receipts, and court orders.
- Consult a qualified legal professional for guidance on complex title issues.