Iowa Code

Iowa Code § 651.30 (2026)

Alternatives to partition in kind

✓ current as of July 2026

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At the conclusion of a cotenant buyout as provided in section 651.29, the court shall order the heirs property to be partitioned in kind unless the court, after consideration of all factors pursuant to section 651.31, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order the heirs property to be partitioned in kind, the court shall approve a request by two or more cotenants to aggregate their individual interests in the heirs property. 2018 Acts, ch 1108, §30 Referred to in §651.29

Notes of Decisions

Cited in 5 cases (5 in the last 5 years), 2022–2025 · leading case: David A. Muhr & Christine L. Mickel v. Rachelle E. Willenborg (Iowa Ct. App. 2024).

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David A. Muhr & Christine L. Mickel v. Rachelle E. Willenborg (Iowa Ct. App. 2024). · cites it 16× “1 See Iowa Code § 651.30 (noting current legislative preference for partition in kind); Spies v.”

Bruhn Farms Jt. Venture v. Cindy Kuehl, Debra Woodward, Russell J. Woodward, & Arlen G. Kuehl (Iowa Ct. App. 2022). · cites it 7× “See Iowa Code § 651.30 (2019).1 And that is how the district court divided the two properties owned by cotenants Alan Bruhn and his sisters, Cindy Kuehl and Debra Woodward.”

Noll v. Flewelling (Iowa Ct. App. 2025). · cites it 6× “” Iowa Code § 651.30 . Once a district court finds partition in kind would result in great prejudice, it may then partition the land wholly by sale or with a hybrid partition partially by sale and partially in-kind.”

Kouba v. Degner (Iowa Ct. App. 2025). · cites it 3× “§ 651.30. And the district court concluded that partitioning in kind would not result in great prejudice to the group,5 thus it rejected the proposals that would require the sale of portions of tract three and tract four.”

Jeff M. Mueggenberg, Jeanne M. Mueggenberg & Julie R. Martin v. Jim J. Mueggenberg & Janet K. Mueggenberg (Iowa Ct. App. 2022). · cites it 2× “29, and the lack of prejudice resulting from partition in kind was not challenged under section 651.30 and.31. After those requirements for heirs property were satisfied, subchapter II of chapter 651 governed.”

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