Detailed Answer
What Is a Partition Action? Under Iowa law, a partition action allows co-owners of real property to divide their shared interest when they cannot agree on management or ownership. Any tenant in common or joint tenant may file a petition in district court. See Iowa Code § 635.1.
Filing the Petition: A co-owner files a petition in the county where the property lies. The petition must name all co-owners and describe the property. The court issues summons, and each co-owner can respond.
Physical Division vs. Sale: The court first evaluates whether the land can be fairly divided in kind. If physical division is practical and equitable, the court may allocate specific parcels to each owner. If dividing the land would reduce its value or is impractical, the court orders a sale. See Iowa Code § 635.2.
Conducting the Sale: When the court orders a sale, it appoints a commissioner to oversee the process. The commissioner appraises the property, advertises the sale, and conducts a public auction. The highest bidder wins, subject to court confirmation.
Distribution of Proceeds: After confirming the sale, the court directs how to split proceeds. It covers costs (appraiser fees, advertising, commissioner’s compensation), then divides the net proceeds among co-owners according to their ownership interests.
Appeals: Any party can appeal the court’s order within 30 days after entry of judgment. See Iowa Code § 622.28 for general appeal timelines.
Disclaimer: This article is for educational purposes and does not constitute legal advice.
Helpful Hints
- Gather all deeds, title insurance, and mortgage records before filing.
- Explore mediation to avoid court costs and delays.
- Understand that court-ordered sales often net less than private sales.
- Confirm valuation by hiring an independent appraiser early on.
- Consult a real estate attorney to review pleadings and orders.