Iowa Code
Iowa Code § 561.11 (2026)
Occupancy by surviving spouse
✓ current as of July 2026
Find cases:
SyfertCases citing this section
IA-LEGlegis.iowa.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Upon the death of either spouse, the survivor may continue to possess and occupy the whole homestead until it is otherwise disposed of according to law, but the setting off of the distributive share of the survivor in the real estate of the deceased shall be such a disposal of the homestead as is herein contemplated. [C51, §1263; R60, §2295; C73, §2007, 2008; C97, §2985; C24, 27, 31, 35, 39, §10145; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.11]
\nNotes of Decisions
Cited in 7
cases, 1947–2014 · leading case: In the Matter of the Est. of Glen A. Waterman, Jingles Ti-Okay Waterman, 847 N.W.2d 560 (Iowa 2014).
In the Matter of the Est. of Glen A. Waterman, Jingles Ti-Okay Waterman, 847 N.W.2d 560 (Iowa 2014). “” Iowa Code § 561.11 . She contends that because the prior court of appeals decision in this case had the effect of voiding the sale to the Bushaws, the property has not been disposed of according to law, and she therefore remains entitled to immediate possession.”
McMinimee v. McMinimee, 30 N.W.2d 104 (Iowa 1947). “Section 561.11 creates a quite different right: “Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead until it is otherwise disposed of according to law * * (Italics supplied.”
Mensinger v. Hass, 35 N.W.2d 461 (Iowa 1949). “) Each side then filed a pleading which recognizes that the widow inherited such share. The decree fixes the widow’s share at one half (one third plus one sixth) and the shares of plaintiff and his two sisters at one sixth (one fourth of two thirds) each.”
Matter of Est. of Keegan, 369 N.W.2d 447 (Iowa 1985). “Section 561.11: Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead until it is otherwise disposed of according to law, but the setting off of the distributive share of the husband or wife in the real estate of the…”
McMinimee v. McMinimee, 33 N.W.2d 495 (Iowa 1948). “” The original decree, which had awarded her a life estate, was ordered modified in that respect and as so modified was to stand affirmed. Thé facts upon which that decision was based are sufficiently stated therein.”
Perez v. Pogge, 303 N.W.2d 145 (Iowa 1981). “§§ 561.11 (surviving spouse “may continue to possess and occupy” homestead), .”
Gardner v. Bailey, 85 N.W.2d 586 (Iowa 1957). “Bailey, under the provisions of section 561.11, Code, 1954. It is also conceded that the commencement of the instant action is a disposal of the homestead as provided for in section 561.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.