Iowa Code

Iowa Code § 651.12 (2026)

Initial court decree and appointment of referee

✓ Iowa Code 2026 (laws through the 2025 session)
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The court shall file an initial decree establishing the shares and interests of all owners in a property subject to a partition petition. One referee shall be appointed in the decree unless all owners of the property agree upon a larger number of referees. The decree shall order an appraisal or estimation of the valuation of the property and may direct either a public or private sale of the property. Unless all owners of the property agree to an alternative method for conducting the appraisal or of estimating the valuation of the property, the decree shall appoint three disinterested persons with knowledge of property valuation to appraise the

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Tue Dec 09 21:58:11 2025 Iowa Code 2026, Chapter 651 (65, 0) §651.12, PARTITION 4\n\nproperty. The decree shall direct the referee to file a report with the court setting forth the referee’s recommendations for completing the partition of the property. All other contested issues related to the partition petition, including liens, may be determined by the initial decree or by a supplemental decree or decrees. 2018 Acts, ch 1108, §12 Referred to in §651.28

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Notes of Decisions
Cited in 6 cases (6 in the last 5 years), 2022–2024 · leading case: DeJong v. Munson, No. 21-0834 (Iowa Ct. App. Aug. 3, 2022).
DeJong v. Munson, No. 21-0834 (Iowa Ct. App. Aug. 3, 2022). · cites it 13× “See Iowa Code § 651.12 . Munson answered on August 12, denying that De Jong’s interest in the property was sufficient to force the sale of her home by partition and raising affirmative defenses.”
Jeff M. Mueggenberg v. Jim J. Mueggenberg, 986 N.W.2d 390 (Iowa Ct. App. 2022). · cites it 4× “) 18 the property value appraised under section 651.12, the subsequent lodging of objections, and then a hearing on and determination of fair market value.”
Zach Thielen v. Randall E. Anderson, 990 N.W.2d 324 (Iowa Ct. App. 2023). · cites it 4× “The Thielens applied for an initial decree under section 651.12 and asked that the court appoint a referee to set out recommendations over the partition of the property.”
Richard Grout v. Dan R. Sickels, 985 N.W.2d 144 (Iowa 2023). · cites it 3× “Section 651.12 adds that “[t]he court shall file an initial decree establishing the shares and interests of all owners in a property subject to a partition petition.”
Richard Grout v. Dan R. Sickels, 985 N.W.2d 144 (Iowa 2023). · cites it 3× “Section 651.12 adds that “[t]he court shall file an initial decree establishing the shares and interests of all owners in a property subject to a partition petition.”
In re Trust of Uhl, No. 23-0687 (Iowa Ct. App. Apr. 24, 2024). · cites it 2× “Iowa Code § 651.12 . Were the Appellees to prevail in forcing a distribution in kind, they would end up forcing a sale based on appraised 11 value.”
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