Iowa Code § 561.2

Extent and value

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If within a city plat, it must not exceed one-half acre in extent, otherwise it must not contain in the aggregate more than forty acres, but if, in either case, its value is less than five hundred dollars, it may be enlarged until it reaches that amount. [C51, §1252; R60, §2284; C73, §1996; C97, §2978; S13, §2978; C24, 27, 31, 35, 39, §10136; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.2] Referred to in §624.23

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Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1963–2025 · leading case: Iowa State Bank & Trust Co. v. Michel
Iowa State Bank & Trust Co. v. Michel (2004) iowa · cites it 4× “As noted earlier, the trial court ruled that only forty of the defendants’ forty-seven acres are exempt as their homestead, see Iowa Code § 561.2 , a ruling not challenged by the defendants on appeal.”
Recker v. Gustafson (1979) iowa · cites it 4× “The Gustafsons are authorized by section 561.2 to claim as much as forty acres in homestead property.”
In Re Sears (2000) iasb · cites it 16× “, Hardin County, Iowa exempt pursuant to Iowa Code §§ 561.2 and 561.16. 1 Debtors indicated their homestead exemption was worth $27,904.”
Braunger v. Karrer (1997) iowa · cites it 11× “Iowa Code *3 § 561.2. Even though the property in question is located in a city plat and exceeds one-half acre in size, Donald claimed all of the property exempt as a homestead when he filed his Chapter 7 bankruptcy.”
In Re Norkus (2000) iasb · cites it 6× “Iowa Code § 561.2 . In turn, Iowa Code section 561.”
In Re Karrer (1994) ianb · cites it 4× “Braunger contends first that Karrer’s homestead claim exceeds in size the homestead exemption permitted under Iowa Code § 561.2 . Braun-ger argues that his filing of the adversary complaint constituted timely objection to the claim.”
In re the Bankruptcy Petition of Wieber (2015) wash “See Iowa Code § 561.2 ; Fla. Const. art. X, § 4; Tex.”
First American Bank v. Urbandale Laser Wash, L.L.C., Walnut Creek Laser Wash, L.L.C., and Steven Golden (2017) iowactapp · cites it 2× “Golden moved to quash the sale, asserting the property was his homestead and that he was in the process of replat-ting the property because it exceeded the one-half acre allowable as a homestead under Iowa Code section 561.2—“If within a city plat, it must not exceed one-half…”
In Re Estate of Sueppel (1963) iowa · cites it 2× “” Section 561.2 states: “If within a city * * * it must not exceed one-half acre in extent, otherwise it must not contain in the aggregate more than forty acres, but if, in either case, its value is less than five hundred dollars, it may be enlarged until it reaches that amount.”
In Re Stone (2005) ianb · cites it 2× “See Iowa Code § 561.2 . Trustee argues that the Iowa homestead exemption cannot be applied to real estate outside the state of Iowa, relying on Rogers v.”
Dean E. Freed (2020) ianb · cites it 2× “This Court has previously held that for a contract to satisfy Iowa Code § 561.2 , the contract must also refer to specific homestead property.”
Craig Alan Timmerman (2024) ianb · cites it 2× “STATEMENT OF THE CASE Debtor filed his Chapter 7 bankruptcy case on June 29, 2017, claiming the Mapleton Property as exempted homestead under Iowa Code §§ 561.2 and 561.16. Stickney, who sold the Mapleton Property to Debtor, was not listed as a creditor.”
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