Iowa Code » Chapter 561 — HOMESTEAD
Iowa Code

Iowa Code § 561.16 (2026)

Exemption

✓ current as of July 2026
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The homestead of every person is exempt from judicial sale where there is no special declaration of statute to the contrary. Persons who reside together as a single household unit are entitled to claim in the aggregate only one homestead to be exempt from judicial sale. A single person may claim only one homestead to be exempt from judicial sale. For purposes of this section, “household unit” means all persons of whatever ages, whether or not related, who habitually reside together in the same household as a group. [C51, §1245; R60, §2277; C73, §1988; C97, §2972, 2973; C24, 27, 31, 35, 39, §10150; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.16; 81 Acts, ch 182, §1] 87 Acts, ch 116, §3 Referred to in §64.15, 64.15A, 809A.4\n\n 561.17 Reserved.

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Notes of Decisions
Cited in 87 cases (4 in the last 5 years), 1946–2025 · leading case: In Re Prop. Seized From Bly, 456 N.W.2d 195 (Iowa 1990).
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In Re Prop. Seized From Bly, 456 N.W.2d 195 (Iowa 1990). · cites it 16× “See Iowa Code § 561.16 . This is a clear indication that if the scope of the exemption is to be restricted, it should be done by the legislature in no uncertain terms.”
Baratta v. Polk Cnty. Health Servs., Inc., 588 N.W.2d 107 (Iowa 1999). · cites it 16× “See Iowa Code § 561.16 (1995) ("The homestead of every person is exempt from judicial sale where there is no special declaration of statute to the contrary.”
In the Matter of the Est. of Glen A. Waterman, Jingles Ti-Okay Waterman, 847 N.W.2d 560 (Iowa 2014). · cites it 11× “” Iowa Code § 561.16 . Section 561.21 — enumerating special declarations to the contrary — lists four classes of debt against which the homestead exemption from judicial sale must yield.”
Coyle v. Kujaczynski, 759 N.W.2d 637 (Iowa Ct. App. 2008). · cites it 10× “" See Iowa Code § 561.16 (emphasis added); see also Iowa Code § 561.”
Brown v. Vonnahme, 343 N.W.2d 445 (Iowa 1984). · cites it 8× “1 In that situation, we have construed Iowa Code section 561.16 with sections 624.23-.24. Beginning with Lamb v.”
In Re Est. of Tolson, 690 N.W.2d 680 (Iowa 2005). · cites it 6× “Additionally, Where the homestead descends to the issue of either spouse the homestead shall be held exempt from any antecedent debts of the issue's parents or antecedent debts of the issue, except those of the owner of the homestead contracted prior to acquisition of the…”
United States v. Thomas Lee Curtis, United States of Am. v. Patty M. Thompson, United States of Am. v. Patty M. Thompson, 965 F.2d 610 (8th Cir. 1992). · cites it 3× “She argues that the Iowa homestead exemption, Iowa Code § 561.16 , 3 applied in this ease, and thus her residence was exempt from forfeiture under § 853(a).”
In Re Krantz, 97 B.R. 514 (Bankr. D. Iowa 1989). · cites it 6× “See Iowa Code § 561.16 (1987). Some of the items allowed to be claimed as exempt are exemptible only to the extent they do not exceed certain statutorily set values.”
In Re the Marriage of Tierney, 263 N.W.2d 533 (Iowa 1978). · cites it 5× “We hold that the homestead exemption statute, § 561.16, The Code, does not prohibit a dissolution decree provision for sale of the homestead to pay debts of the parties.”
In Re Streeper, 158 B.R. 783 (Bankr. D. Iowa 1993). · cites it 4× “Iowa Code § 561.16 . Exceptions are provided in § 561.”
Iowa Supreme Court Attorney Disciplinary Bd. v. Jamie F. Deremiah, 875 N.W.2d 728 (Iowa 2016). · cites it 2× “See Iowa Code § 561.16 (providing for an unlimited' exemption of one’s homestead from judicial, sale); People v.”
Peoples Bank & Trust Co. of Cedar Rapids v. Lala, 392 N.W.2d 179 (Iowa Ct. App. 1986). · cites it 4× “")) In the instant case, Donna's homestead rights were a material fact which Peoples Bank had a duty to disclose before the bank sought to have her waive those rights.”
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