Detailed Answer
Under Iowa Code Chapter 634, a co-owner may seek partition of real property by filing a petition in the district court of the county where the property lies. Iowa Code § 634.1 explains the initiation process.
1. Prepare and File the Partition Petition
Draft a petition identifying the property, naming all co-owners, stating each party’s interest and whether you seek a partition in kind or a sale. File the petition with the clerk of the district court. See Iowa Code § 634.1: https://www.legis.iowa.gov/docs/code/634.1.html.
2. Service of Process
Serve the petition and notice on every co-owner by personal service or certified mail. If any co-owner cannot be located, you may seek service by publication under Iowa Rules of Civil Procedure 1.302.
3. Appointment of Commissioners
If the co-owners cannot agree on dividing the property, the court appoints three disinterested commissioners to view the property and propose a fair division. See Iowa Code § 634.2: https://www.legis.iowa.gov/docs/code/634.2.html.
4. Commissioner’s Investigation and Report
The commissioners inspect the property, hold a hearing to receive evidence, and then file a written report outlining their proposed division or recommendation for sale at public auction.
5. Parties’ Hearing and Objections
After the commissioners file their report, the court schedules a hearing. Any co-owner may object to the report or accept it as submitted. See Iowa Code § 634.7: https://www.legis.iowa.gov/docs/code/634.7.html.
6. Decree of Partition
If the court approves the commissioners’ report, it issues a decree of partition. The decree either allocates parcels to each owner or orders a sale with proceeds divided according to ownership interest.
Consent to Partition by Agreement
Co-owners may avoid a contested proceeding by filing a written stipulation for partition. All parties sign off on the agreed division and waive a full commissioners’ process. Submit the stipulation and proposed decree to the court. See Iowa Code § 634.3: https://www.legis.iowa.gov/docs/code/634.3.html.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Review deeds and title history thoroughly before filing.
- Discuss mediation or settlement to avoid contested action.
- Document all service methods and filing receipts.
- Check local court procedures and fee schedules with the clerk.
- Timelines can vary by county; confirm hearing dates early.