Detailed Answer

When two or more people inherit or otherwise own real estate together in Iowa, they become tenants in common. Each co-owner has the right to occupy the property, but they also share in expenses and benefits. If one co-owner pays for an improvement—such as a new roof, foundation repair, or landscaping—they may seek reimbursement from the estate or the other co-owners. Iowa law offers two main routes: a probate allowance or a partition action.

1. Probate Allowance Through the Personal Representative

If the property remains part of a decedent’s estate, the personal representative (executor) can authorize improvements and include the cost as an estate expense. Under Iowa Code § 633.181, the court may allow reasonable expenses paid by the executor or co-owner for necessary repairs or improvements to estate property. To pursue this route:

1. Obtain court approval. File a petition with the probate court supervising the estate. Reference Iowa Code § 633.181 (link).
2. Submit invoices and contracts. Provide detailed receipts for materials and labor.
3. Get co-owners’ notice. Serve all heirs or devisees listed in the estate inventory.
4. Secure court order. After notice, the judge may order reimbursement to the co-owner or executor from estate funds.

2. Partition Action in District Court

If the estate has closed or no personal representative acts, a co-owner can file for partition under Iowa Code Chapter 637. A partition action splits or sells the property and divides proceeds. Iowa Code § 637.12 allows the court to credit a co-owner who made necessary improvements. Steps include:

1. File a petition for partition in the county where the property sits. Cite Iowa Code § 637.12 (link).
2. Detail improvements. Attach contracts, receipts, photographs, and proof of payment.
3. Request an equitable accounting. Ask the court to calculate each co-owner’s share after crediting the improving party.
4. Obtain court judgment. The judge may order sale of the property and disburse proceeds, giving the improving co-owner a credit for their outlay before splitting the balance.

Key Requirements

• Improvements must be necessary or add measurable value.
• Keep detailed records of all expenses and communications.
• File petitions promptly—delays can bar relief.
• Provide proper notice to all parties in probate or partition actions.

Helpful Hints

• Consult the Iowa Rules of Civil Procedure for partition (Rule 1.310).
• Label and date every receipt or invoice.
• Take before-and-after photos of the property.
• Consider mediation with co-owners before court to save time and costs.
• Check local court forms for probate petitions and partition actions.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. For specific guidance, consult a licensed attorney in Iowa.