Iowa Code » Chapter 561 — HOMESTEAD
Iowa Code

Iowa Code § 561.21 (2026)

Debts for which homestead liable

✓ current as of July 2026
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The homestead may be sold to satisfy debts of each of the following classes:

1. Those contracted prior to its acquisition, but then only to satisfy a deficiency remaining after exhausting the other property of the debtor, liable to execution.

2. Those created by written contract by persons having the power to convey, expressly stipulating that it shall be liable, but then only for a deficiency remaining after exhausting all other property pledged by the same contract for the payment of the debt. \n Tue Dec 09 22:01:00 2025 Iowa Code 2026, Chapter 561 (25, 0) 5 HOMESTEAD, §561.26\n\n 3. a. Those secured by a mechanic’s lien under chapter 572, including reasonable attorney fees as provided under section 572.32, subsection 1.

b. Those incurred for work done or material furnished, including principal and interest on any note securing the purchase of such material, exclusively for the improvement of the homestead.

4. If there is no survivor or issue, for the payment of any debts to which it might at that time be subjected if it had never been held as a homestead. [C51, §1248, 1249, 1265; R60, §2280, 2281, 2297; C73, §1991 – 1993, 2009; C97, §2975, 2976, 2986; C24, 27, 31, 35, 39, §10155; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.21] 2020 Acts, ch 1075, §1, 2 Referred to in §624.23 Homestead acquired with pension funds, §627.9 Liability for assistance furnished poor person, §252.14 \n

Notes of Decisions
Cited in 68 cases (6 in the last 5 years), 1946–2025 · leading case: Baratta v. Polk Cnty. Health Servs., Inc., 588 N.W.2d 107 (Iowa 1999).
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Baratta v. Polk Cnty. Health Servs., Inc., 588 N.W.2d 107 (Iowa 1999). · cites it 52× “23 do not change existing case law as to what judgments may in fact be liens under Iowa Code § 561.21 . Unless a judgment arises out of a claim as described in Iowa Code § 561.”
In the Matter of the Est. of Glen A. Waterman, Jingles Ti-Okay Waterman, 847 N.W.2d 560 (Iowa 2014). · cites it 18× “” Iowa Code § 561.21 (3). Section 561.21(3) surely cannot be read in a manner exposing the homestead to judicial sale for the value of improvements made without the consent of the owner after she has been wrongfully evicted from the property.”
In Re Streeper, 158 B.R. 783 (Bankr. D. Iowa 1993). · cites it 13× “Thus, under Iowa Code § 561.21 the homestead would not be exempt from judicial sale to satisfy its debt.”
Chelsea State Bank v. Wagner (In Re Wagner), 259 B.R. 694 (8th Cir. BAP 2001). · cites it 7× “The sale of a homestead is allowed under Iowa Code § 561.21 if the sale is conducted to satisfy debts which are created by written contracts when the contracts stipulate that the homestead should be liable.”
Hawkeye Bank & Trust Co. v. Michel, 373 N.W.2d 127 (Iowa 1985). · cites it 10× “We also reject, as the trial court did, an attempted showing that the defendants rescinded the transaction.”
In Re Norkus, 256 B.R. 298 (Bankr. S.D. Iowa 2000). · cites it 20× “Iowa Code § 561.21 . The first exception applies in this case.”
In Re the Marriage of McMorrow, 342 N.W.2d 73 (Iowa 1983). · cites it 6× “The question here is whether a father’s child support obligation under a marital dissolution decree is a preexisting “debt” under Iowa Code section 561.21(1), so that his after-acquired homestead may be subjected to execution and sale to pay delinquent installments.”
In Re Allen, 301 B.R. 55 (Bankr. S.D. Iowa 2003). · cites it 8× “21 provides in relevant part that “[t]he homestead may be sold to satisfy debts of each of the following classes: (1) Those contracted prior to its acquisition, but then only to satisfy a deficiency remaining after exhausting the other property of the debt- or, liable to…”
LaSalle Bank, N.A. v. Takes (In Re Takes), 334 B.R. 642 (N.D. Iowa 2005). · cites it 12× “” Iowa Code § 561.21 (1). The pivotal question in this case is whether the Takes’ debt, which was incurred in 1999, 9 was “contracted prior to .”
In Re Hebert, 301 B.R. 19 (Bankr. D. Iowa 2003). · cites it 9× “Iowa Code § 561.21 , which provides certain exceptions to the homestead exemption, states in relevant part— The homestead may be sold to satisfy debts of each of the following classes: 1.”
In Re Wooten, 82 B.R. 84 (N.D. Iowa 1986). · cites it 14× “Under Iowa Code § 561.21 (1), these circumstances render the Van Horne homestead nonexempt from the antecedent debt.”
In Re Marriage of Armetta, 417 N.W.2d 223 (Iowa Ct. App. 1987). · cites it 10× “We must determine whether an obligation to support one’s child becomes a debt within the meaning of Iowa Code section 561.21 (1985) 1 at the child’s birth.”
Show all 68 citing cases →
— Iowa Code § 561.21(1) — 16 cases
Baratta v. Polk Cnty. Health Servs., Inc., 588 N.W.2d 107 (Iowa 1999). “23 do not change existing case law as to what judgments may in fact be liens under Iowa Code § 561.21 . Unless a judgment arises out of a claim as described in Iowa Code § 561.”
In Re the Marriage of McMorrow, 342 N.W.2d 73 (Iowa 1983). “The question here is whether a father’s child support obligation under a marital dissolution decree is a preexisting “debt” under Iowa Code section 561.21(1), so that his after-acquired homestead may be subjected to execution and sale to pay delinquent installments.”
In Re Allen, 301 B.R. 55 (Bankr. S.D. Iowa 2003). “21 provides in relevant part that “[t]he homestead may be sold to satisfy debts of each of the following classes: (1) Those contracted prior to its acquisition, but then only to satisfy a deficiency remaining after exhausting the other property of the debt- or, liable to…”
Matter of Schuldt, 91 B.R. 501 (Bankr. S.D. Iowa 1988).
LaSalle Bank, N.A. v. Takes (In Re Takes), 334 B.R. 642 (N.D. Iowa 2005). “” Iowa Code § 561.21 (1). The pivotal question in this case is whether the Takes’ debt, which was incurred in 1999, 9 was “contracted prior to .”
— Iowa Code § 561.21(2) — 6 cases
Hawkeye Bank & Trust Co. v. Michel, 373 N.W.2d 127 (Iowa 1985). “We also reject, as the trial court did, an attempted showing that the defendants rescinded the transaction.”
In Re Hebert, 301 B.R. 19 (Bankr. D. Iowa 2003). “Iowa Code § 561.21 , which provides certain exceptions to the homestead exemption, states in relevant part— The homestead may be sold to satisfy debts of each of the following classes: 1.”
Hall Roberts' Son, Inc. v. Plaht, 114 N.W.2d 548 (Iowa 1962).
Matter of Sinnard, 91 B.R. 850 (Bankr. D. Iowa 1988).
In re Knoll, 124 B.R. 548 (N.D. Iowa 1991).
— Iowa Code § 561.21(3) — 8 cases
In the Matter of the Est. of Glen A. Waterman, Jingles Ti-Okay Waterman, 847 N.W.2d 560 (Iowa 2014). “” Iowa Code § 561.21 (3). Section 561.21(3) surely cannot be read in a manner exposing the homestead to judicial sale for the value of improvements made without the consent of the owner after she has been wrongfully evicted from the property.”
Francksen v. Miller, 297 N.W.2d 375 (Iowa 1980).
In Re Norkus, 256 B.R. 298 (Bankr. S.D. Iowa 2000). “Iowa Code § 561.21 . The first exception applies in this case.”
In Re Streeper, 158 B.R. 783 (Bankr. D. Iowa 1993). “Thus, under Iowa Code § 561.21 the homestead would not be exempt from judicial sale to satisfy its debt.”
Stand. Water Control Sys., Inc. v. Michael D. Jones & Cori Jones (Iowa Ct. App. 2019).
— Iowa Code § 561.21(4) — 3 cases
In Re Est. of Frentress, 89 N.W.2d 367 (Iowa 1958).
In re the Est. of Williams, 216 N.W.2d 568 (Iowa 1974).
In re Est. of Rice (Iowa Ct. App. 2022).
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