What to Do If the Other Side Asks the Court Only to Sell the House (Iowa)

Detailed answer

When a divorcing spouse or co-owner asks the court to order a sale of the house but does not ask the court to set buyout terms, you have several practical and legal options under Iowa law. Iowa courts divide property equitably in dissolution cases and can order sale, partition, or a buyout depending on the facts. The law governing property division in a dissolution is in Iowa Code chapter 598 (see in particular provisions on property division).

Key points about your options and how to proceed:

Try to negotiate a buyout before the court decides. Courts prefer settlement. You can propose a buyout where one party pays the other a fair cash amount for the other’s ownership interest and keeps the house. Use a written offer that explains valuation method, payment terms, financing contingencies, and a timetable. Mediation or settlement conferences often yield a buyout that avoids a sale.
Ask the court to set buyout terms if you want to keep the house. If the other side asks only for sale, you can ask the court to instead: (a) order an appraisal or valuation; (b) set a buyout price based on that valuation; and (c) establish payment terms or a deadline for refinancing. Practically, you do this by filing a written response or motion asking the court to (i) deny a forced sale, or (ii) allow a buyout on stated terms. Provide a proposed valuation and financing proof if available.
Request an appraisal or valuation evidence. If there’s disagreement about value, ask the court to order one or allow each side to present appraisals. A court-ordered or agreed appraisal often forms the basis for a fair buyout number.
Ask for temporary orders about possession, mortgage payments, taxes, and insurance. While the case is pending you can request temporary (pendente lite) orders to require who pays the mortgage, who lives in the house, and who maintains insurance. These orders protect property values and credit while you pursue a buyout or sale.
If the court orders a sale, control the terms where possible. If the court proceeds with a sale, you can ask the judge to control important sale terms: listing process, marketing period, minimum acceptable sales price, who pays closing costs, allocation of sale proceeds, and timing. You can also ask the court to permit one party to match an outside offer (right of first refusal) so a sale to a third party can be avoided.
Consider a partition action or lifecycle of divorce property actions. If the dispute arises outside divorce (for example, non-marital co-owners), Iowa law allows partition actions to force sale. But even in partition proceedings you can ask the court to fix buyout terms or delay sale to permit refinancing. Consult an attorney about whether partition statutes or dissolution property rules apply in your case.
Use mediation or collaborative settlement processes. Courts often require or encourage mediation for property disputes. A neutral mediator can help you reach a buyout agreement that the court can then incorporate into the decree, avoiding an uncontrolled sale.
Be ready to document contributions and credits. If you want credit toward a buyout, collect records: mortgage payments you made, taxes, insurance, repairs, improvements, and proof of contribution to mortgage principal. The court will consider contributions, debts, and fairness in dividing the equity.
Preserve rights to object and appeal narrow sale orders. If the judge orders a sale without addressing buyout requests you reasonably raised, you can preserve objections in the record and discuss appellate remedies with counsel. Timely objections and post-trial motions may allow reconsideration of the form of relief.

Statutory context: Iowa courts have authority in dissolution proceedings to equitably divide marital property and to make orders necessary to effectuate that division. See Iowa Code chapter 598 for the statutory framework governing property division and related relief (dissolution and equitable distribution issues). For procedural steps like requesting temporary orders, valuation, or mediation, check Iowa court rules and local district court practices.

Helpful links:

Practical steps to take right now

Do not ignore the filing. File a timely response or motion if a sale motion has been served on you.
Ask for an appraisal or get a market analysis to support a buyout figure.
Gather documents: mortgage statements, tax bills, insurance, records of repairs/improvements, proof of payments.
Propose concrete buyout terms in writing (price, payment method, schedule, closing date, responsibility for mortgage and tax prorations).
Consider mediation and be prepared to disclose financials to reach settlement.
If you want to keep the house but need financing, contact lenders early to see if you can refinance to buy the other party out.
Talk to an Iowa family law attorney or civil litigator who handles partition/real-estate disputes to review deadlines and filings specific to your county.

Helpful hints

Act promptly: procedural deadlines in divorce or partition cases are strict.
Put offers and objections in writing and file them with the court so they are in the record.
Obtain at least one independent appraisal before asking the court to fix a buyout price.
Keep paying the mortgage and maintaining insurance while the dispute is active unless a court orders otherwise — failure to do so can hurt your position.
Think about taxes and capital gains: who gets tax basis and who is responsible for tax consequences if the house is sold?
Consider short- and long-term goals: a quick sale may eliminate mortgage exposure but can yield a lower price than a negotiated buyout or a well-marketed sale.
Document everything: communications about offers, refusals, and requests for valuation all help later in court.

Disclaimer: This article is informational only and is not legal advice. It summarizes general options available under Iowa law and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Iowa attorney.