Iowa Code » Chapter 616 — PLACE OF BRINGING ACTIONS
Iowa Code

Iowa Code § 616.1 (2026)

Real property

✓ current as of July 2026
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Actions for the recovery of real property, or of an estate therein, or for the determination of such right or interest, or for the partition of real property, must be brought in the county in which the subject of the action or some part thereof is situated. [C51, §1703; R60, §2795; C73, §2576; C97, §3491; C24, 27, 31, 35, 39, §11034; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §616.1] Real estate foreclosure, §654.3

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Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1951–2025 · leading case: Cornell v. Wunschel, 329 N.W.2d 651 (Iowa 1983).
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Cornell v. Wunschel, 329 N.W.2d 651 (Iowa 1983). · cites it 22× “We conclude they may not, and that Iowa Code section 616.1 (1981) mandates that the action be brought in the county where the real estate is located.”
Wederath v. Brant, 287 N.W.2d 591 (Iowa 1980). · cites it 4× “February 18, 1975, defendants appeared specially and moved for a change of venue to Greene County pursuant to section 616.1, The Code 1973. This motion was granted February 24.”
In Re Robertson's Est., 68 N.W.2d 909 (Iowa 1955). · cites it 16× “, which provides in part, "An action brought in the wrong county may be prosecuted there until termination, unless a defendant, before answer, moves for its change to the proper county.”
Gunn v. Wagner, 48 N.W.2d 292 (Iowa 1951). · cites it 2× “Call, supra. Such a result seems undesirable. Plaintiff has not argued that the suit brought by him is for the determination of a right or interest in real property which, under section 616.”
Larson v. Dist. Court of Marion Cnty., 243 N.W.2d 617 (Iowa 1976). · cites it 2× “” Ultimately, respondent contends petitioner’s dissolution action will result in a determination of their respective rights in jointly owned Woodbury County real estate, thus venue is in the Woodbury District Court alone.”
The Petram Grp., LLC v. Purified Resource Partners (N.D. Iowa 2025). · cites it 6× “” Iowa Code § 616.1 (2025); see also Cornell v.”
John Joseph Benge v. Wayne Michael Lautenbach (Iowa Ct. App. 2023). · cites it 2× “See Iowa Code § 616.1 . Lautenbach waited 359 days to raise venue.”
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