Iowa Complaint for Partition of Real Property

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Multi-State
Control #:
US-02663BG
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Word; 
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Description

A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.


A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.

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FAQ

A partition action should be filed with the assistance of an experienced partition attorney. The cost of attorney fees in a simple, uncontested partition lawsuit could exceed $5,000 due to the amount of paperwork and filings. If the partition action is contested or overly complex, costs can exceed $20,000 to $30,000.

In Texas, disputes involving jointly owned property are frequently settled through a legal process known as ?partition.? When co-owners of a home cannot agree on matters relating to the home, the court can force the sale of the real property and distribute the proceeds of the sale to the co-owners per their ownership ...

A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of ?Partition?.

There are at least several ways to win a partition action suit, not the least of which include: Selling your equity at a fair price. Selling the house on the open market. Receiving compensation for money put into the home. Renting the property. Keeping the property for yourself and buying out the other co-owners.

A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property.

651.22 Costs of partition action. A cost created by a contest arising from the partition action shall be taxed against the losing contestant unless otherwise ordered by the court.

Fifth Step of Partition: Final Judgement and Accounting Once the court has determined the proper method of partitioning the subject property, the court will then order a final judgment of partition, and the property will be partitioned ing to the proper method determined by the court.

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Iowa Complaint for Partition of Real Property