How to Confirm Your Percentage Ownership in Parents’ Real Property (Iowa)
Disclaimer: This is educational information only and not legal advice. Laws change and every situation is different. For advice about your particular situation, consult a licensed Iowa attorney.
Detailed answer — step-by-step: how to confirm your ownership percentage under Iowa law
When you want to confirm whether you have an ownership interest in real property owned by your parents and, if so, what percentage, you are trying to determine the recorded legal ownership (the title). Under Iowa law, the easiest and most reliable way to determine ownership and percentage is to examine the deed(s) and other recorded documents that create or change title. Follow these steps:
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Get a copy of the current recorded deed (and all recent deeds):
Go to the county recorder’s office where the property is located and request a certified copy of the deed(s). Most county recorder websites also provide online search tools where you can search by owner name or parcel number. The deed contains the vested owner language: it typically states who owns the property and how they hold title (for example, “A and B as tenants in common” or “A and B as joint tenants with right of survivorship”).
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Read the vesting language to learn the type of ownership and implied shares:
Common vesting forms and what they usually mean about percentages:
- Tenants in common: Owners hold individual fractional shares. If the deed says nothing about unequal shares and lists two owners, the law commonly treats their shares as equal (often 50/50 for two owners), but the deed can specify different percentages. If the deed states specific fractions or percentages (for example, “A–1/3, B–2/3”), those control.
- Joint tenants with right of survivorship: Owners hold equal, undivided interests that pass automatically to the surviving joint tenant(s) on death. Each joint tenant typically holds an equal share while all are alive.
- Life estate / remainder or other retained interests: Sometimes a deed grants a life estate to one person and remainder to others, or creates other special arrangements that affect who may sell and what percentage interest transfers.
If the deed is unclear, the specific language controls — not assumptions — so precise wording matters.
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Look for other recorded documents that change or limit title:
Check for recorded liens, mortgages, deeds of trust, quitclaim deeds, transfer-on-death (TOD) deeds, marital property agreements, or recorded judgments. A later recorded deed that transfers a stated percentage to someone will control as long as it was properly executed and recorded. If a transfer-on-death or beneficiary deed was used, that can affect who receives title at death. County recorders store these documents.
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Check the title chain (chain of title) for prior transfers:
A simple deed might not reveal earlier transfers or gaps. A title search (performed by a title company or a real estate attorney) will show the chain of ownership, recorded encumbrances, and whether any document expressly assigns percentages to particular people.
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Review wills, probate filings, or family trusts if relevant:
If an owner has died, ownership may have changed through probate or trust administration. Search local probate court records to see whether the property passed through probate or into a trust. Iowa court information is available at the Iowa Judicial Branch website: https://www.iowacourts.gov/.
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Consider whether consent is required to sell while parents are alive:
If your parents are the record owners and you are not on title, they generally can sell during their lifetime. If you and your parents are co-owners (for example, tenants in common), a co-owner usually cannot sell the entire property without others’ consent — but a co-owner may sell their own fractional interest. Co-owners who disagree about sale may be able to bring a partition action (a court-ordered division or sale).
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If the wording is ambiguous or there is a dispute, get professional help:
Title problems, ambiguous deeds, and family disputes commonly require a title company, a real estate attorney, or a probate attorney to resolve. An attorney can recommend quiet-title or partition actions if needed.
For general Iowa statutes and code resources, use the official Iowa Legislature code site: https://www.legis.iowa.gov/. For practical steps like obtaining recorded deeds, contact the county recorder in the county where the property is located (county recorder offices keep the authoritative public records).
Hypothetical examples to illustrate common outcomes
Example 1 — parents deeded property to “Parent A and Child B as tenants in common” but did not list fractions: that wording usually creates equal, undivided shares. With two listed owners, courts commonly treat ownership as 50/50 unless the deed specifies otherwise. So Child B likely has a 50% interest.
Example 2 — parents deeded property “to Parent A and Child B as joint tenants with right of survivorship”: while both are alive, each holds an equal undivided interest. If Parent A dies, Parent A’s share automatically passes to Child B by survivorship — not by probate.
Example 3 — a parent signed a deed conveying “a one-third interest” to Child C that was recorded: that recorded deed creates the stated fractional interest (one-third) unless later reversed by another properly recorded instrument.
When to get a title search or legal help
Get a title search or consult an attorney when:
- Deed language is ambiguous or doesn’t state percentages;
- There are multiple instruments (wills, trust documents, prior deeds) that could affect ownership;
- There appear to be liens, mortgages, or judgments that could affect the sale;
- A co-owner is attempting to sell and you dispute the right or the percentage;
- A parent is incapacitated or there are concerns about undue influence or lack of capacity.
Helpful Hints
- Start at the county recorder’s office for the authoritative, recorded deed. Most counties provide online access to recorded documents.
- Look specifically for wording: “tenants in common,” “joint tenants/with right of survivorship,” percentages, life estate language, or “as tenants by the entirety” (not common in Iowa for non-spouses).
- If you find a deed that conveys a specific percentage to you, get a certified copy and consider getting title insurance or a title opinion to make sure there are no hidden claims.
- Keep copies of all documents you collect: deeds, recorded affidavits, mortgages, and probate filings.
- If a sale is pending, request the seller’s title documents and a copy of the proposed contract and closing statement early so you can verify the seller’s right to convey the entire property.
- When in doubt, hire a local Iowa real estate or probate attorney to review the documents and explain your rights and options. Attorneys can also negotiate for you or file actions to protect your interest (for example, partition or quiet title).
- Use official Iowa resources: Iowa Legislature (https://www.legis.iowa.gov/) for statutes and the Iowa Judicial Branch (https://www.iowacourts.gov/) for probate and court records.