Iowa Code

Iowa Code § 651.1 (2026)

Definitions

✓ current as of July 2026

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As used in this chapter, unless the context otherwise requires:

1. “Ascendant” means an individual who precedes another individual in lineage in the direct line of ascent from the other individual.

2. “Collateral” means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual’s ascendant or descendant.

3. “Cotenant” means a person holding title to real property under tenancy in common ownership.

4. “Descendant” means an individual who follows another individual in lineage in the direct line of descent from the other individual.

5. “Heirs property” means real property held in tenancy in common that satisfies all of the following requirements as of the date of the filing of a partition action: \n Tue Dec 09 21:58:11 2025 Iowa Code 2026, Chapter 651 (65, 0) §651.1, PARTITION 2\n\n a. There is not a recorded agreement that binds all of the cotenants that governs the partition of the property.

b. One or more of the cotenants acquired title from a living or deceased relative.

c. Any of the following apply:

(1) Twenty percent or more of the interests are held by cotenants who are relatives.

(2) Twenty percent or more of the interests are held by an individual who acquired title from a living or deceased relative.

(3) Twenty percent or more of the cotenants are relatives.

6. “Owelty” means an equitable remedy in a partition action used to equalize the value of the property a party receives through the payment of a sum of money from a recipient of a higher value property to the recipient of a lower value property.

7. “Partition by sale” means a court-ordered sale of property subject to partition.

8. “Partition in kind” means a court-ordered division of property subject to partition into physically distinct and separately titled parcels.

9. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

10. “Relative” means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or other law of this state. 2018 Acts, ch 1108, §1 Former §651.1 repealed by 2018 Acts, ch 1108, §33\n\n SUBCHAPTER II GENERAL PROVISIONS Referred to in §651.27, 651.32 \n

Notes of Decisions

Cited in 9 cases (8 in the last 5 years), 2016–2025 · leading case: Russell L. Newhall v. Marcia Elaine Newhall Roll, 888 N.W.2d 636 (Iowa 2016).

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Russell L. Newhall v. Marcia Elaine Newhall Roll, 888 N.W.2d 636 (Iowa 2016). · cites it 2× “See Iowa Code §§ 651.1 -.6 (2014); Iowa Rs. Civ.”

Bruhn Farms Jt. Venture v. Cindy Kuehl, Debra Woodward, Russell J. Woodward, & Arlen G. Kuehl (Iowa Ct. App. 2022). · cites it 9× “” Iowa Code § 651.1 (8). “‘Partition by sale’ means a court-ordered sale of property subject to partition.”

David A. Muhr & Christine L. Mickel v. Rachelle E. Willenborg (Iowa Ct. App. 2024). · cites it 6× “” Iowa Code § 651.1 (8) (2021). A “partition by sale” is “a court-ordered sale of property subject to partition.”

Robert Tolle v. Rickey Tolle (Iowa Ct. App. 2021). · cites it 3× “” Iowa Code § 651.1 (6). Here, the court ordered Rickey to pay half of the estimated $15,000 cost to remove the junk pile.”

Jeff M. Mueggenberg, Jeanne M. Mueggenberg & Julie R. Martin v. Jim J. Mueggenberg & Janet K. Mueggenberg (Iowa Ct. App. 2022). · cites it 2× “” Iowa Code § 651.1 (6). 8 portion of the property has a higher CSR2 and the presence of the terraces and pond on the south property.”

DeJong v. Munson (Iowa Ct. App. 2022). · cites it 2× “Our court has previously found: “[I]n absence of special equities, every adult tenant 10 Iowa Code section 651.1(3) provides: “‘Cotenant’ means a person holding title to real property under tenancy in common ownership.”

In the Matter of the Trust Under the Will of Wilhelm A. Youngerman (Iowa Ct. App. 2023). · cites it 2× “Iowa Code § 651.1 . The facts here do not allow application of chapter 651.”

Noll v. Flewelling (Iowa Ct. App. 2025). · cites it 2× “They agreed: • The land at issue was “heirs property” as defined in Iowa Code section 651.1(5) (2022); • The court should appoint two co-appraisers and co-referees: Dennis Reyman and Mike Green; • No party would request a “cotenant buyout” under section 651.”

Kouba v. Degner (Iowa Ct. App. 2025). · cites it 2× “The parties agreed, and the district court determined, that the property qualifies as “heirs property,” see Iowa Code § 651.1 (5) (2022), and should be partitioned pursuant to subchapter III of Iowa Code chapter 651.”

— Iowa Code § 651.1(3) — 1 case

DeJong v. Munson (Iowa Ct. App. 2022). “Our court has previously found: “[I]n absence of special equities, every adult tenant 10 Iowa Code section 651.1(3) provides: “‘Cotenant’ means a person holding title to real property under tenancy in common ownership.”

— Iowa Code § 651.1(5) — 2 cases

Noll v. Flewelling (Iowa Ct. App. 2025). “They agreed: • The land at issue was “heirs property” as defined in Iowa Code section 651.1(5) (2022); • The court should appoint two co-appraisers and co-referees: Dennis Reyman and Mike Green; • No party would request a “cotenant buyout” under section 651.”

David A. Muhr & Christine L. Mickel v. Rachelle E. Willenborg (Iowa Ct. App. 2024). “” Iowa Code § 651.1 (8) (2021). A “partition by sale” is “a court-ordered sale of property subject to partition.”

— Iowa Code § 651.1(6) — 1 case

— Iowa Code § 651.1(7) — 2 cases

Bruhn Farms Jt. Venture v. Cindy Kuehl, Debra Woodward, Russell J. Woodward, & Arlen G. Kuehl (Iowa Ct. App. 2022). “” Iowa Code § 651.1 (8). “‘Partition by sale’ means a court-ordered sale of property subject to partition.”

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