Iowa Code » Chapter 561 — HOMESTEAD
Iowa Code

Iowa Code § 561.19 (2026)

Exemption in hands of issue

✓ current as of July 2026
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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 homestead or those created under section 249A.53 relating to the recovery of medical assistance payments. [C51, §1264; R60, §2296; C73, §2008; C97, §2985; C24, 27, 31, 35, 39, §10153; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.19] 95 Acts, ch 68, §6; 96 Acts, ch 1034, §53

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Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1946–2023 · leading case: Morgan HONOMICHL, Robin Honomichl, Timothy Honomichl, Deb Chance, Kara Chance, Karen Jo Frescoln, Mike Merrill, & Q.H., Appellee, v. VALLEY VIEW SWINE, LLC & JBS Live Pork, LLC, Appellants., 914 N.W.2d 223 (Iowa 2018).
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Morgan HONOMICHL, Robin Honomichl, Timothy Honomichl, Deb Chance, Kara Chance, Karen Jo Frescoln, Mike Merrill, & Q.H., Appellee, v. VALLEY VIEW SWINE, LLC & JBS Live Pork, LLC, Appellants., 914 N.W.2d 223 (Iowa 2018). “§ 561.19 (West, Westlaw through 2018 Reg.”
In Re Est. of Tolson, 690 N.W.2d 680 (Iowa 2005). · cites it 2× “§ 561.19. It was undisputed that Patricia's house was an exempt homestead.”
In Re Est. of Ragan, 23 N.W.2d 521 (Iowa 1946). · cites it 2× “18, Code, 1946 [section 10152, Code of 1939], provides if there be no survivor, the homestead descends to the issue of either husband or wife, and section 561.19, Code, 1946 [section 10153,' Code, 1939], provides: *622 “ Where the homestead descends to the issue of either…”
In re the Est. of Williams, 216 N.W.2d 568 (Iowa 1974). · cites it 3× “Where the homestead descends to the issue of either husband or wife the same shall be held by such issue exempt from any antecedent debts of their parents or their own, except those of the owner thereof contracted prior to its acquisition.”
Tolson v. Clinton Nat'l Bank, 690 N.W.2d 680 (Iowa 2005). · cites it 2× “§ 561.19. It was undisputed that Patricia’s house was an exempt homestead.”
Gardner v. Bailey, 85 N.W.2d 586 (Iowa 1957). · cites it 2× “31, Code, 1954) but this did not carry with it homestead rights, due to the fact that there was a surviving spouse, his mother.”
William L. Ostrander & Joyce M. Ostrander (Bankr. D. Iowa 2023). “Both parties discuss lowa Code § 561.19, which provides a special exemption for property in the hands of issue.”
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.