Iowa Code

Iowa Code § 561.3 (2026)

Dwelling and appurtenances

✓ current as of July 2026

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It must not embrace more than one dwelling house, or any other buildings except such as are properly appurtenant thereto, but a shop or other building situated thereon, actually used and occupied by the owner in the prosecution of the owner’s ordinary business, and not exceeding three hundred dollars in value, is appurtenant thereto. [C51, §1253; R60, §2285; C73, §1997; C97, §2978; S13, §2978; C24, 27, 31, 35, 39, §10137; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.3] Referred to in §624.23

Notes of Decisions

Cited in 8 cases, 1963–2017 · leading case: In Re Sears, 246 B.R. 881 (Bankr. S.D. Iowa 2000).

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In Re Sears, 246 B.R. 881 (Bankr. S.D. Iowa 2000). · cites it 20× “The Cepelaks maintained the exemption was contrary to Iowa Code § 561.3 because a shop, used in the Debtors’ business and exceeding $300.”

In Re Est. of Sueppel, 124 N.W.2d 154 (Iowa 1963). · cites it 14× “” Section 561.3 provides: “It must not embrace more than one dwelling house, or any other buildings except such as are properly appurtenant thereto, but a shop or other building situated thereon, actually used and occupied by the owner in the prosecution of his ordinary…”

Schaffer v. Frank Moyer Constr., Inc., 563 N.W.2d 605 (Iowa 1997). · cites it 2× “1, and without respect to the value limitations in section 561.3, and actually occupied by the owner or the spouse of the owner, or both.”

In Re Norkus, 256 B.R. 298 (Bankr. S.D. Iowa 2000). · cites it 4× “Iowa Code § 561.3 . As for the actual homestead exemption, Iowa Code section 561.”

Louie's Floor Covering, Inc. v. DePhillips Interests, Ltd., 378 N.W.2d 923 (Iowa 1985). · cites it 2× “1, and without respect to the value limitations in section 561.3, and actually occupied by the owner or the spouse of the owner, or both.”

First Am. Bank v. Urbandale Laser Wash, L.L.C., Walnut Creek Laser Wash, L.L.C., & Steven Golden, 894 N.W.2d 24 (Iowa Ct. App. 2017). “§§ 561.3, .4. Alternatively, the court can determine the homestead upon the application of a creditor or any interested person.”

In Re Wooten, 82 B.R. 84 (N.D. Iowa 1986). “1 and its maximum size is specified in § 561.3. The rules for determining and claiming a homestead exemption are set forth in §§ 561.”

In Re Wipperling, 286 B.R. 106 (Bankr. D. Iowa 2002). · cites it 2× “Iowa Code § 561.3 . Arguably, because Wipperling has occupied the homestead since 1985, he should be allowed to select the new mobile *109 home as his dwelling house without regard to the date he began living there.”

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