§ 651.31 — Factors court to consider in determining if partition in kind will result in great prejudice

Iowa § 651.31

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 651: PARTITION

Text

prejudice.
1. The court shall consider all of the following factors in determining if partition in kind
of heirs property will result in great prejudice to the cotenants of such property as a group:
a. Whether the heirs property can be practicably divided among the cotenants.
b. Whether a partition in kind will apportion the heirs property in such a way that the
aggregate fair market value of the parcels resulting from the division will be materially less
thanthevalueoftheheirspropertyiftheheirspropertyissoldasawhole, takingintoaccount
the condition under which a court-ordered sale likely will occur.
c. Evidence of the collective duration of ownership or possession of the heirs property by
acotenantandoneormorepredecessorsintitleorpredecessorsinpossessiontothecotenant
who are or were relatives of the cotenant or each other.
d. A cotenant’s sentimental attachment to the heirs property, including any attachment
arising due to the heirs property having ancestral or other unique or special value to the
cotenant.
e. The lawful use being made of the heirs property by a cotenant and the degree to which
thecotenantwillbeharmedifthecotenantcannotcontinuethesameuseoftheheirsproperty.
f. The degree to which a cotenant has contributed the cotenant’s pro rata share of the
property taxes, insurance, and other expenses associated with maintaining ownership of the

heirs property, or has contributed to the physical improvement, maintenance, or upkeep of
the heirs property.
g. Tax consequences.
h. Any other factors the court deems relevant.
2. The court shall weigh the totality of all relevant factors and circumstances and not
consider any one factor in subsection 1 to be dispositive.