Iowa Code » Chapter 561 — HOMESTEAD
Iowa Code

Iowa Code § 561.12 (2026)

Life possession in lieu of dower

✓ current as of July 2026
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The survivor may elect to retain the homestead for life in lieu of such share in the real estate of the deceased. [C73, §2008; C97, §2985; C24, 27, 31, 35, 39, §10146; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.12]

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Notes of Decisions
Cited in 7 cases, 1947–1985 · leading case: McMinimee v. McMinimee, 30 N.W.2d 104 (Iowa 1947).
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McMinimee v. McMinimee, 30 N.W.2d 104 (Iowa 1947). · cites it 25× “Section 561.12, in the Homestead chapter permits the survivor to “elect to retain the homestead for life in lieu of such [distributive] share in the real estate of the deceased.”
Mensinger v. Hass, 35 N.W.2d 461 (Iowa 1949). · cites it 4× “See section 561.12, Code, 1946 (10146, Code, 1939).”
Matter of Est. of Keegan, 369 N.W.2d 447 (Iowa 1985). · cites it 3× “Section 561.12: The survivor may elect to retain the homestead for life in lieu of such share in the real estate of the deceased.”
In Re Est. of Dluhos, 70 N.W.2d 549 (Iowa 1955). · cites it 4× “5), and also one third of the personal property of the deceased not necessary for the payment of debts nor otherwise disposed of prior to death. Section 636.1; Samson, admx.”
In Re Est. of Sueppel, 124 N.W.2d 154 (Iowa 1963). · cites it 2× “Thus the two children each had a one-half interest in the land subject to the life estate in the survivor in the forty acres set off as a homestead.”
McMinimee v. McMinimee, 33 N.W.2d 495 (Iowa 1948). · cites it 4× “McMinimee had been approved and his estate closed on December 14, 1946; that Myrtle McMinimee had no right to occupy and no right to retain the homestead for life in lieu of dower or distributive share under the provisions of section 561.12 of the 1946 Code of Iowa; that twelve…”
Gardner v. Bailey, 85 N.W.2d 586 (Iowa 1957). “No election between dower and use of the homestead for life, sections 561.12 and 636.27, Code, 1954, has been made by the widow, nor notice given to her to so elect, section 636.”
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