Iowa Code § 561.1

“Homestead” defined

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1. The homestead must embrace the house used as a home by the owner, and, if the owner has two or more houses thus used, the owner may select which the owner will retain. It may contain one or more contiguous lots or tracts of land, with the building and other appurtenances thereon, habitually and in good faith used as part of the same homestead. 2. As used in this chapter, “owner” includes but is not limited to the person, or the surviving spouse of the person, occupying the homestead as a beneficiary of a trust that includes the property in the trust estate. [C51, §1250, 1251; R60, §2282, 2283; C73, §1994, 1995; C97, §2977; C24, 27, 31, 35, 39, §10135; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.1] 2007 Acts, ch 134, §3, 28 Referred to in §624.23

Notes of Decisions

Cited in 34 cases (3 in the last 5 years), 1947–2025 · leading case: Freedom Financial Bank v. Estate of Edward J. Boesen

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Freedom Financial Bank v. Estate of Edward J. Boesen (2011) iowa · cites it 4× “) The estate contends “homestead and other exempt property” is limited to property defined as homestead in section 561.1 and property exempt from execution under section 627.”

In Re Sears (2000) iasb · cites it 25× “) The Cepelaks argued the exemption was contrary to Iowa Code § 561.1 because the lots contained buildings and appurtenances that were used in the Debtors’ salvage business rather than as part of the homestead.”

Beal Bank v. Siems (2003) iowa · cites it 6× “Iowa Code § 561.1 (emphasis added). In addition to this statutory definition, this *124 court has confirmed that actual use, not a mere intent to occupy the property, must exist “to impress the property with the character of a homestead.”

Iowa State Bank & Trust Co. v. Michel (2004) iowa · cites it 2× “See Iowa Code §§ 561.1 (defining “homestead”), 561.”

In Re Allen (2003) iasb · cites it 4× “Iowa Code § 561.1 . 3 Then, regarding “changes” to the homestead, Iowa Code section 561.”

In Re the Estate of Johnson (2007) iowa · cites it 2× “See Iowa Code § 561.1 (2007) (defining homestead).”

First American Bank v. Urbandale Laser Wash, L.L.C., Walnut Creek Laser Wash, L.L.C., and Steven Golden (2017) iowactapp · cites it 4× “Iowa Code §§ 561.1 , .2. The homestead can have only one dwelling house, and the owner of the property can “select the homestead and cause it to be platted.”

Coyle v. Kujaczynski (2008) iowactapp · cites it 2× “" See Iowa Code § 561.16 (emphasis added); see also Iowa Code § 561.”

In Re Estate of Sueppel (1963) iowa · cites it 6× “*977 Section 561.1 defines a homestead as: “The homestead must embrace the house used as a home by the owner * * *.”

Schaffer v. Frank Moyer Construction, Inc. (1997) iowa · cites it 2× “An “owner-occupied dwelling” is defined as follows: “Owner-occupied dwelling” means the homestead of an owner, as defined in section 561.1, and without respect to the value limitations in section 561.”

In the Matter of the Estate of Glen A. Waterman, Jingles Ti-Okay Waterman (2014) iowa “§ 561.1(1) (emphasis added). This usage suggests the homestead is presently used as a home by the owner; implying, in other words, that the owner is the person currently occupying the homestead.”

In Re Norkus (2000) iasb · cites it 4× “Iowa Code § 561.1 . Then Iowa Code section 561.”

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— Iowa Code § 561.1(1) — 1 case

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