Disclaimer: This article is for general informational purposes and does not constitute legal advice. Consult a qualified attorney for advice on your situation.
Detailed Answer
Partition Actions Under Iowa Law
Under Iowa Code chapter 643, any co-owner of real property may file a partition action to physically divide property or force its sale. Even if you and your spouse are still legally married but separated, you are co-tenants of any jointly held property. Iowa Code chapter 643 outlines the process to petition the district court for partition (Iowa Code ch. 643).
How Partition Differs From Divorce Property Distribution
A partition action strictly divides the property or its proceeds among co-owners based on ownership shares. It does not resolve the equitable division of marital assets in a divorce. Divorce courts handle equitable distribution under Iowa Code chapter 598, section 598.21 (Iowa Code § 598.21). You can partition the property first, but you still must address how proceeds fit into your marital estate during divorce.
Filing a Partition Action
- Prepare a petition: Identify the property, list co-owners, state each owner’s interest.
- File in district court: Submit the petition in the county where the property lies.
- Serve notice: Provide notice to your spouse and any other co-owners.
- Court process: The court may appoint commissioners to divide or value the property.
- Outcome: If division in kind is impractical, the property will be sold and net proceeds divided among co-owners.
Helpful Hints
- Confirm property classification. Determine whether the property is marital or separate (Iowa Code § 596.5: Iowa Code § 596.5).
- Consider timing. A pending divorce may affect or consolidate partition proceedings.
- Communicate with your spouse. An amicable agreement can avoid litigation costs and delay.
- Weigh costs vs. benefits. Partition actions involve court costs, appraisal fees, and attorney fees.
- Consult an attorney. A lawyer can help you choose the best strategy and coordinate partition with your divorce.